Full text of "Statutes of the Province of Ontario 1906"

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TABLE OF CONTENTS.

Chapter. page.

1. An Act for granting to His Majesty certain sums of money
to defray the expenses of Civil Government for the year

1906, and for other purposes therein mentioned 2

2. An Act for granting to His Majesty certain further sums of

money to defray expenses of Civil Government for the year
1906, and for other purposes therein mentioned 6

3. An Act to amend The Act respecting aid to The Algoma Cen-

tral and Hudson Bay Railway and Associated Industries at
Sault Ste. Marie 20

4. An Act for Raising Money on the Credit of The Consolidated

Revenue Fund of Ontario 22

5. An Act respecting certain Sums of Money in the custody of

The Accountant of the Supreme Court of Judicature ^

6. An Act to amend The Manhood Suffrage Registration Act ...

7. An Act to amend The Ontario Election Act

8. An Act to amend The Ontario Election Act ^

9. An Act to amend The Supplementary Revenue Act, 1899 29

10. An Act respecting the Department of Lands, Forests and

Mines 22

11. An Act respecting Mines 9^

12. An Act respecting Certain Orders in Council, and certain

Crown Suits

13. An Act to amend The Act to provide for the appropriation of

certain lands for the Volunteers who served in South Africa
and the Volunteer Militia who served on the Frontier in
1866 u

14. An Act to amend The Temiskaming and Northern Ontario

Railway Act '"'120

15. An Act to provide for the transmission of Electrical Power to

Municipalities

16. An Act respecting Agricultural Societies ^9g

17. An Act respecting Agricultural Associations 24.(3

18. An Act respecting Horticultural Societies „_

1 0

19. The Statute Law Amendment Act, 1906 _g

20. An Act to amend The County Courts Act j_g_

21. An Act to amend The Unorganized Territory Act ^2

22. An Act to amend The Act respecting actions of Libel and

Slander 282

[in.]

iv.

Chapter. page.

23. An Act to amend The Devolution of Estates Act 184

24. An Act to amend The Ontario Medical Act 187

25. An Act to further amend The Pharmacy Act 188

26. An Act to amend The Act respecting Stationary Engineers .. 189

27. An Act respecting Prospectuses issued by Companies 192

28. An Act to amend The General Road Companies Act , 198

29. An Act to amend The Act respecting Joint Stock Companies

for supplying Cities, Towns and Villages with Gas and
Water 199

30. An Act respecting Steam, Electric and Street Railways 200

31. An Act for the appointment of a Railway and Municipal

Board 312

32. An Act to confirm an Agreement entered intp between His

Majesty the King and The Canadian Improvement Com-
pany and others 335

33. An Act respecting Trustees of certain Burying Grounds ...... 33P

34. The Municipal Amendment Act, 1906 339

35. An Act respecting County Councils 356

36. The Assessment Amendment Act, 1906 365

37. An Act to amend The Municipal Drainage Act 369

38. An Act authorizing certain Payments under The Public

Libraries Act 372

39. An Act to amend The Municipal Light and Heat Act 373

40. An Act to amend The Municipal "Waterworks Act 374?

41. An Act respecting Local Municipal Telephone Systems 376

42. An Act providing for the Exemption of Woodlands from

Taxation • 378

43. An Act to amend The Act for the Improvement of Public

Highways 380

44. An Act to amend The Toll Roads Expropriation Act, 1901 . . . 382

45. An Act to regulate the Width of Sleigh Runners 383

46. An Act to regulate the Speed and Operation of Motor Vehicles

on Highways 384.

47. An Act to amend The Liquor Laws 3y0

48. An Act to amend The Act to prevent Fraud in the Manufac-

ture of Cheese and Butter 41 g

49. An Act to amend The Act to preserve the Forests from Des-

truction by Fire 41§

50. An Act to amend The Act to prevent the Wasting of Natural

Gas and to provide for the plugging of all abandoned wells ^jg

51. An Act for the Suppression of Foul Brood among Bees 42

52. An Act respecting the Department of Education 493

53. An Act to amend The Public Schools Act 43g

Chapter. page.

54. An Act to amend The Act respecting Boards of Education in

certain Cities, Towns and Villages 456

55. An Act respecting The University of Toronto and University

College 457

56. An Act to amend The Act respecting the Agricultural College 493

57. An Act to amend The Act respecting Institutions for the

Education and Instruction of the Deaf and Dumb and
Blind .499

58. An Act respecting County Houses of Refuge 500

59. An Act respecting the Toronto General Hospital 502

60. An Act respecting the Hospital for Epileptics 512

61. An Act to amend The Act respecting Lunatic Asylums and

the Custody of Insane Persons 514

62. An Act to incorporate the Town of Blind River 520

63. An Act to confirm By-law number 618 of the Town of Bow-

manville 520

64. An Act respecting the Town of Brockville 528

65. An Act respecting the Town of Bruce Mines and the Copper

Mining and Smelting Company of Ontario, Limited 531

66. An Act respecting the Village of Campbellford 536

67. An Act to confirm By-law No. 474 of the Township of Cavan 541

68. An Act respecting the Township of North Crosby and the

Village of Westport 552

69. An Act respecting the Township of Eastnor 555

70. An Act respecting the Town of East Toronto ^<jq

71. An Act to incorporate the Village of Finch gy9

72. An Act to consolidate the Floating Debt of the Town of Fort

Frances 575

73. An Act respecting the Town of Fort William, 1906 579

74. An Act respecting the Town of Gait, 1906 587

75. An Act respecting the City of Kingston -y9

76. An Act respecting the City of London 600

77. An Act to confirm By-law No. 580 of tne County of Middlesex go9

78. An Act respecting the Town of Midland g!4

79. An Act respecting the Township of Mountain ggg

80. An Act to confirm By-law No. 718 of the Town of Napanee. .. ggg

81. An Act respecting the Municipality of Neebing and the Cor-

poration of the Municipality of Paipoonge, 1906 643

82. An Act to confirm By-laws numbers 516 and 522 of the Town

of Niagara-on-the-Lake g47

83. An Act respecting the Town of North Toronto ggj

84. An Act respecting the United Counties of Northumberland

and Durham ' 65.'-?

vi.

Chapter. page.

85. An Act respecting the Township of Oliver 657

86. An Act respecting the Town of Oshawa 659

87. An Act respecting the City of Ottawa 071

88. An Act respecting the City of Peterborough 979

89. An Act respecting the Town of Petrolia g§7

90. An Act to confirm By-law No. 544 of the Town of Picton ... 695

91. An Act respecting the Town of Port Arthur 699

92. An Act respecting the Town of Port Hope 725

93. An Act respecting the City of St. Catharines 728

94. An Act to confirm By-law No. 1781 of the City of St. Cath- .

arines 7-31

95. An Act respecting the City of St. Thomas 73:4

96. An Act to confirm By-law number 640 of the Town of Sarnia

97. An Act respecting the Township of Shuniah

98. An Act respecting the Town of Thornbury and the Township

of Collingwood 74,9

99. An Act respecting the City of Toronto 74g

100. An Act respecting the Town of Trenton , 754,

101. An Act to consolidate the Floating Debt of the Town of

Wallaceburg 7^

102. An Act respecting the Town of Welland and M. Beatty &

Sons, Limited 7<]2

103. An Act to confirm By-law Number 198 of the Town of Wel-

land • • •• ' 765

104. An Act respecting the Police Village of West Lome ij'jq

105. An Act to confirm by-law No. 1995 of the Township of York...,.,^
Kv6. An Act respecting The Brantford and Erie Railway Co _

107. An Act to incorporate the Dunnville, Wellandport and Beams-

ville Electric Railway Company 794,

108. An Act respecting The Hamilton, Caledonia and Lake Erie

Railway Company , >j^q

109. An Act to incorporate The Hamilton and Guelph Junction

Railway Company 7,),,

110. An Act respecting The Kingston, Gananoque and Perth Elec-

tric Railway Company gpj

111. An Act respecting The Kingston, Portsmouth and Cataraqui

Electric Railway Company ^93

112. An Act respecting The North Midland Railway Company ....

113. An Act respecting The Ontario West Shore Electric Rail-

way Company ^15

114. An Act to incorporate The Pembroke Radial Railway Com-

pany ( 817

115 An Act respecting the Pembroke Southern Railway Company. m;j

vii.

Chapter. fage.

116. An Act respecting the Peterborough Kadial Railway Com-

pany 821

117. An Act to incorporate The Port Credit Brampton and Guelph

Railway Company 823

118. An Act to incorporate The Port Elgin Spur Line 825

119. An Act to incorporate the Rondeau, Ridgetown and Wallace-

burg Railway Company 835

120. An Act respecting The St. Catharines Pelham and Welland

Electric Railway Company 837

121. An Act respecting The South Western Traction Company ...839

122. An Act respecting The Superior and James Bay Railway

Company : 841

123. An Act to incorporate The Toronto and North Eastern Rail-

way Company 843

124. An Act respecting The Toronto and York Radial Railway 845

125. An Act to amend The Act Incorporating the Western Central

Railway Company

126. An Act respecting The Anglo-American Eire Insurance Co.

127. An Act to incorporate The Bell Telephone Memorial Associa-

tion 853

128. An Act respecting the Birkbeck Loan Company of London,

Canada 857

129. An Act respecting The City Gas Company of London 860

130. An Act respecting The Huron and Erie Loan and Savings

Company 867

131. An Act to empower The London and Western Trusts Com-

pany, Limited, to sell certain lands in the County of Lamb-
ton •. 876

132. An Act respecting The Ontario and Minnesota Power Com-

pany, Limited 881

133. An Act respecting The Ontario and Saskatchewan Land Cor-

poration, Limited 885

134. An Act respecting the Port Arthur Blast Furnace for Iron

Ore and the Coal and Ore Dock at Port Arthur 887

135. An Act to incorporate The Provincial Long Distance Tele-

phone Company 894

136. An Act respecting the Sao Paulo Tramway, Light and Power

Company, Limited 900

137. An Act respecting The Toronto Liederkranz, Limited 903

138. An Act to incorporate the Twin City Chamber of Commerce. 906

139. An Act to amend the Constitution of Huron College 911

140. An Act respecting The Western University and College .... p-j 5

viii.

Chapter. page.

141. An Act to incorporate the Synod of the Diocese of Algoma in

connection with the Church of England in the Dominion of
Canada 922

142. An Act respecting Trinity Church, Toronto 925

143. An Act respecting the Burial Ground of the First Methodist

Church in Picton 933

144. An Act respecting Toronto Free Hospital for Consumptives.. 935

145. An Act to incorporate the Executive Committee of the Provin-

cial Young Men's Christian Association of Ontario and Que-
bec rs... 940

146. An Act respecting The Young Men's* Christian Association of

Collingwood 943

147. An Act to authorize William J. Church to practise as a Vet-

erinary Surgeon 945

148. An Act to authorize the Law Society of Upper Canada to per-

mit George MacGregor Gardner to practise as a Barrister...

149. An Act to amend the Act to authorize the Supreme Court of

Judicature for Ontario to admit William Walter Pope to
practise in the said Court as a Solicitor 0,49

150. An Act to authorize the Law Society of Upper Canada to admit

Henry Ernest Redman to practise as a Barrister and Solicitor 9.5 1

6 EDWARD VII.

CHAPTER 1.

An Act for granting" to His^ Majesty certain sums of
money to defray the expenses of Civil Govern-
ment for the year One Thousand Nine Hundred
and Six and for other purposes therein mentioned..

Assented to 27th April, 1906.
Most Gracious Sovereign :

WHEREAS it appears by messages from His Honour Preamble.
William Mortimer Clark, Lieutenant-Governor of
the Province of Ontario, and the estimates accompanying
the same, that the sums hereinafter mentioned in the
Schedules to this Act are required to defray certain ex-
penses of the Civil Government of this Province, and of
the Public Service thereof, and for other purposes for the
year one thousand nine hundred and six; May it therefore
please Your Majesty that it may be enacted, and it is hereby
enacted by the King's Most Excellent Majesty, by and with
the advice and consent of the Legislative Assembly of the
Province of Ontario, as follows : —

1. From and out of the Consolidated Revenue Fund °f out of
this Province, there shall and may be paid and applied a consolidated
sum (not exceeding in \the whole) of Five million eight hun- for certainmd
dred and fifty-eight thousand five hundred and forty-three purposes-
dollars and fifteen cents for defraying the several charges

and expenses of the Civil Government of this Province for
the year one thousand nine hundred and six, as set forth
in Schedule "A" to this Act; and for the expenses of Legis-
lation, Public Institutions' Maintenance, and Salaries of
the Officers of the Government and Civil Service for the
month of January, one thousand nine hundred and seven,
as set forth in Schedule "B" to this Act.

2. Accounts in detail of all moneys received on account ^^"fore0 be
of this Province, and of all expenditures under Schedule Legislative
"A" of this Act, shall be laid before the Legislative Assem- AssembIy-
bly at its next sitting.

2 Chap. 1.

SUPPLIES.

6 Edw. VII

moneysnded 3 Any Part of tne money under Schedule "A" appropri-
ated by this Act out of the Consolidated Revenue, which
may be unexpended on the thirty-first day of December,
one thousand nine hundred and six, shall not be expended
thereafter, except in the payment of accounts and expenses
incurred on or prior to the said day; and all balances re-
maining unexpended after the 20th day of January next
shall lapse and be written off.

be accounted*0 ^- The due application of all moneys expended under this
j*ajt0»tyis ou* °^ ^e Consolidated Revenue shall be accounted for

to His Majesty.

SCHEDULE "A."

Sums granted to His Majesty by this Act for the year
one thousand nine hundred and six, and the purposes for
which they are granted : —

CIVIL GOVERNMENT.

To defray the expenses of the several Departments at

Toronto : —

Lieutenant-Governor's Office $3,900 00

Office of the Premier and President

of the Council 14,200 00

Attorney General's Department .. 29,750 00

Education Department 22,612 00

Lands and Mines Department .... 84,150 00

Public Works Department 48,150 00

Treasury Department 28,400 00

Provincial Auditor's Office 13,300 00

Provincial Secretary's Department 113,910 00

Department of Agriculture 45,910 00

Miscellaneous 15,650 00

$419,932 00

LEGISLATION.

To defray expenses of Legislation 204,600 00

ADMINISTRATION OF JUSTICE.

To defray expenses of Administration of Just-
ice 519,058 83

EDUCATION.

To defray expenses of : —
Public and Separate School Edu-

cation . .$540,270 59

High Schools and Collegiate Insti-
tutes 152,150 00

Departmental

1906.

SUPPLIES.

Chap. 1

Departmental Library and Museum. 15,550 00

School of Practical Science 83,505 00

Public Libraries, Art Schools, Lit-
erary and Scientific 58,450 00

Technical Education 31,620 00

Superannuated Public and High

School Teachers 63,300 00

Provincial University and Mining

Schools 170,166 17

Maintenance Education Depart-
ment and Miscellaneous 23,896 72

Institution for Deaf and Dumb,

Belleville 56,918 00

Blind Institute, Brantford 37,590 10

11,233,416 58

PUBLIC INSTITUTIONS' MAINTENANCE.

To defray expenses of : —
Asylum for the Insane, Toronto . . .$115,496 00
Asylum for the Insane, London ... 147,129 00
Asylum for the Insane, Hamilton.. 135,511 00
Asylum for the Insane, Kingston. . . 94,122 00
Asylum for the Insane, Mimico .... 83,244 00
Asylum for the Insane, Brockville. 93,492 00
Asylum for the Insane, Cobourg ... 26,190 00
Asylum for the Insane, Penetangui-

shene 41,006 00

Asylum for Epileptics, Woodstock 27,823 33
Asylum for the Feeble Minded,

Orillia 75,608 00

Medical Relieving Officer 333 33

Central Prison, Toronto 71,570 00

Central Prison Industries 66,885 00

Mercer Reformatory, Toronto 30,050 00

To pay balance 1905 accounts . . . 30,612 62

1,039,072 28

AGRICULTURE.

To defray expenses of a grant in aid of Agri-
culture $446,406 95

COLONIZATION AND IMMIGRATION.

To defray expenses of Colonization and Immi-
gration $35,465 00

HOSPITALS AND CHARITIES.

To defray expenses of a grant in aid of Hos-
pitals and Charities $285,009 88

MAINTENANCE

4 Chap. supplies. t> Edw. VII

MAINTENANCE AND REPAIRS OF GOVERNMENT AND
DEPARTMEN TAL BUILDINGS .

Government House $18,000 00

Parliament and Departmental

Buildings 69,460 00

$87,460 00

PUBLIC BUILDINGS.

Public Institutions : —

Asylum for Insane, Toronto |8,885 00

Asylum for Insane, Mimico 22,225 00

Asylum for Insane, London 10,300 00

Asylum for Insane, Hamilton ... 15,875 .00

Asylum for Insane, Kingston 13,450 00

Asylum for Insane, Brockville ... 10,800 00

Asylum for Insane, Cobourg 5,050 00

Asylum for Insane, Penetangui-

shene 11,200 00

Asylum for Epileptics, Woodstock 87,800 00

Asylum for Feeble Minded, Orillia 6,450 00

Central Prison, Toronto 14,610 00

Mercer Reformatory, Toronto 3,685 00

Osgoode Hall additions 35,000 00

Educational : —
Normal and Model Schools, To-
ronto 5,300 00

Normal and Model School, Ottawa 5,150 00

Normal School, London 1,500 00

School of Practical Science 64,080 00

Deaf and Dumb Institute, Belle-
ville 5,800 00

Institution for the Blind, Brant-
ford 7,640 00

Ontario Agricultural College 60,845 00

Districts : —

Muskoka 100 00

Parry Sound 2,700 00

Algoma 300 00

Thunder Bay 1,600 00

Rainy River 500 00

Nipissing 4,550 00

Total Public Buildings — $405,395 00

PUBLIC WORKS.

To defray expenses of Public Works $95,260 00

COLONIZATION AND MINING ROADS.

To defray expenses of Construction and Ee-

pairs $204,410 00

CHARGES-

190o. supplies. Chap. 1.

CHARGES ON CROWN LANDS.

To defray expenses on account of Crown

Lands $427,525 00

REFUNDS.

Education $2,000 00

Crown Lands 31,205 00

Municipalities Fund 243 32

Land Improvement Fund 1,911 31

Miscellaneous 10,000 00

$45,359 63

MISCELLANEOUS EXPENDITURE.

To defray Miscellaneous Expenditure $160,172 00

Total Estimates for Expenditure of 1906. . .$5,608,543 15

SCHEDULE "B."

Sum granted to His Majesty by this Act for
the year one thousand nine hundred and six,
and the purposes for which it is granted : —
To defray the expenses of Legislation, Public
Institutions' Maintenance, and for Salaries
of the officers of the Government and Civil
Service for the month of January, 1907 ... $250,000 00

Total $5,858,543 15

CHAPTER

6 Chap. 2. supplies. 6 Edw. VII

CHAPTER 2.

An Act for granting to His Majesty certain fur-
ther sums of money to defray expenses of Civil
Government for the year One Thousand Nine
Hundred and Six and for other purposes
therein mentioned.

Assented to 14th May, 1906.

Most Gracious Sovereign

Preamble.

WHEREAS it appears by messages from His Honour
William Mortimer Clark, Lieutenant-Governor of
the Province of Ontario, and the estimates accompanying
the same, that in addition to sums already appropriated the
the sums hereinafter mentioned in the Schedule to this Act
are required to defray certain expenses of the Civil Gov-
ernment of this Province, and of the Public Service there-
of, and for other purposes for the year one thousand nine
hundred and six; May it therefore please Tour Majesty
that it may be enacted, and it is hereby enacted by the
King's Most Excellent Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of On-
tario, as follows : —

$662,850.46
granted out of
Consolidated
Revenue.

1. From and out of the Consolidated Revenue Fund of
this Province, there shall and may be paid and applied, in
addition to sums already appropriated, a sum (not exceed-
ing in the whole) of Six hundred and sixty-two thousand
eight hundred and fifty dollars and forty-six cents for de-
fraying the several charges and expenses of the Civil Gov-
ernment of this Province for the jear one thousand nine
hundred and six, as set forth in Schedule "A" to this Act.

Accounts to b*
laid before
Legislative
Assembly.

2. Accounts in detail of all moneys received on account
of this Province, and of all expenditures under Schedule
"A" of this Act, shall be laid before the Legislative Assem-
bly at its next sitting.

1906.

SUPPLIES.

Chap. 2 7

3. Any part of the moneys under Schedule "A" appro- moneys.1*1'*
priate'd by this Act out of the Conolidated Revenue, which

may be unexpended on the thirty-first day of December,
one thousand nine hundred and six, shall not be expended
thereafter, except in the payment of accounts and expenses
incurred on or prior to the said day; and all balances re-
maining unexpended after the 20th day of January next
shall lapse and be writtem off.

4. The due application of all moneys expended under this be aceMiSSa*
Act out of the Consolidated Revenue shall be accounted forSr.t°His

_ . . Maj «sty.

to Has Majesty.

SCHEDULE "A."

Sums granted to His Majesty by this Act for the year one thousand
nine hundred and Bix, and the purposes for which they are granted : —

Civil Government.
To defray the expenses of the several Departments at Toronto : —

Lieutenant-Governor's Office $400 00

Attorney-General's Department 460 00

Education Department 570 00

Lands and Twines Department 100 00

Treasury Department 575 00

Provincial Auditor 500 00

Provincial Secretary's Department 2,775 00

Department of Agriculture 818 00

Public Works Department 350 00

Miscellaneous 100 00

$6,648 00

Legislation.

To defray expenses of Legislation 10,250 89

Administration of Justice.
To defray expenses of Administration of Justioe 45,786 10

Education.

To defray expenses of : —

Grants to Societies and Educational Institu-
tions $280 00

Continuation Classes (for Libraries and Sci-
entific equipment) 10 000 00

Special

SUPPLIES.

6 Edw. VII

Special Grant Public and Separate Rural

Schools, Counties ..' $60,000 00

Public and Separate Rural Schools, new

districts (for general equipment) and

Poor, Public and Separate Rural Schools

(old districts) 12,000 00

County Public School Inspectors (coming

into effect July 1st) 6,000 00

Election Expenses, Advisory Council 400 00

Inspection of Continuation Classes (4 mos.) 667 00
Salary for Superintendent of Education

half-year 1,750 00

Medical Faculty of Queen's College, for

promotion of medical education 50,000 00

Provincial University 1,186 06

Repairs and Maintenance of (Education

Department 990 00

Normal and Model School Toronto 50 00

Institution for the Blind 100 00

Public Libraries, Art Schools, Literary and

Scientific 2,500 00

School of Practical Science 3,767 00

Public and Separate Schools 100 00

$149,790 06

Public Institutions Maintenance.

To defray expenses of : —

Asylum for Insane, London $30 00

Asylum for Insane, Brockville 70 00

Asylum for Epileptics, Woodstock 250 00

Central Prison Industries 800 00

To pay balance .1905 accounts 2,229 30

$3,379 30

Hospitals and Charities.

To defray expenses of a grant in aid of Hospitals and

Charities 55,789 52

Agriculture.

To defray expenses of a grant in aid of Agriculture ... 14,150 00
Colonization and Immigration.

To defray expenses of Colonization and Immigration

3.100 00
Public

1906. SUPPLIES.

Public Buildings.

Public Institutions: —

Asylum for insane, Toronto $500 00

Asylum for Insane, Mimico 1,000 00

Asylum for Insane, Hamilton 500 00

Asylum for Insane, Kingston 13 893 00

Asylum for Insane, Brockville 2,000 00

Asylum for Insane, Penetanguishene .• 2,100 00

Asylum for Epileptics, Woodstock 1,700 00

Central Prison, Toronto 500 00

Ontario Agricultural College 9,500 00

Mercer" Reformatory 1,760 00

Normal School, Toronto ." 850 00

Normal School, London 2,500 00

School of Practical Science and Normal

Schools 106,000 00

Districts : —

Nipissing 5,850 00

Rainy River 1,100 00

Parry Sound 1,600 00

— — $151,353 00

Public Works.

To defray expenses of Public Works 21,750 00

Colonization and Mining Roads.
To defray expenses of Construction and Repairs 30,600 00

Maintenance and Repairs of Government and Departmental

Buildings.

Parliament and Departmental Buildings 2,250 00

Charges on Crown Lands.
To defray expenses on account of Crown Lands 64,700 00

Refunds.

Crown Lands 2,269 29

Miscellaneous.

To defray Miscellaneous Expenditure 101,035 19

Total $662,850 46

CHAPTER

.10 Chap. 3. AID TO ALGOMA CENTRAL, ETC. 6 EDW. VII

CHAPTEK 3.

An Actj to amend The Act respecting Aid to the
Algoma Central and Hudson Bay Railway and
Associated Industries at Sault Ste. Marie.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario
enacts as follows : —

1. Section 1 of the Act respecting Aid to the Algoma
Central and Hudson Bay Railway and Associated Indus-
tries at Sault Ste. Marie passed in the 4th year of the reign
of His Majesty King Edward VII, and chaptered 19, is
hereby amended by adding thereto the following clauses :

(a) The Government may renew the guarantee of the
principal of the loan of $2,000,000 and interest
as above set out or any portion thereof for a
period not exceeding one year from the 1st day
of May, 1906, and in the event of any portion
of the said loan being taken up then on being
released from the guarantee of such portion,
the Government may from time to time release
its lien on a proportionate amount of the col-
lateral securities set out in subsection (11) of
section 4. The form and manner of renewal
or of release shall be subject to the approval of
the Lieutenant-Governor in Council and the new
guaranty as well as any release shall be signed
by the Provincial Treasurer, or such officer as-
may be designated by the Lieutenant-Governor
in Council.

(6) The provisions of section 8 of this Act shall apply
to any renewal or new guarantee given under
the authority of this section, and the Govern-
ment shall be liable in respect of any such re-
newal or guarantee as fully as they were for the
original loan.

4 Edw. VII.
C. 19, 8. 1,

amended.

Government
authorized to
renew
guarantee.

4 Edw. VII,-
c. 19, s. 8, to
apply to
renewal.

1906.

AID TO ALGOMA CENTRAL, ETC.

Chap. 3

guarantee the principal of a new loan in substi- ™betnu«ronaie
tution of or to take the place of the existing loan
loan or by way of renewal thereof, or provid-
ing for payment thereof not exceeding $2,000,-
000, and the interest thereon, and all agree-
ments, notes, certificates, endorsements, or
documents in connection therewith shall be
signed and executed by the Provincial Treas-
urer or such officer as may be designated by the
Lieutenant-Governor in Council.

(d) The pledged securities and the collateral securities securities^

which may be retained shall remain pledged remain liable
for the purpose of securing the Government 0°%enewiU.n
against liability on any amount of renewal
guarantee or new loan given as herein provided.

CHAPTER

Chap. 4.

PROVINCIAL LOANS

6 Edw. VII

CHAPTER 4.

An Act for raising Money on the Credit of the
Consolidated Revenue Fund of Ontario.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

«frs^oooMooai1 ^'ie Lieutenant-Governor in Council is hereby author-
-authorized. ized to raise by way of loan a sum of money not exceeding
Three Million Dollars (*3,000,000) for any or all of the pur-
poses following, that is to say : for the public service ; for
works carried on by Commissioners on behalf of the Province ;
for the covering of any debt of the Province on open account ;
for paying any floating indebtedness of the Province, and for
the carrying on of the public works authorized hy the Legis-
lature.

Term of debt. 2. The aforesaid sum of money may be borrowed for any
term or terms not exceeding forty years at a rate not exceed-
ing four per centum per annum, and shall be raised upon the
credit of the Consolidated Revenue Fund of Ontario and shall
be chargeable thereupon.

Bonds to be 3. All honds and inscribed stock issued under the authority

free from. glII • B m _ m *^

taxes, etc. of this Act shall he free from all Provincial taxes, succession
duty, charges and impositions whatsoever.

CHAPTER

1906.

CERTAIN FUNDS FORFEITED.

Chap. 5

CHAPTER 5.

An Act respecting" certain Sums of£ Money in the
Custody of the Accountant ot j the Supreme
Court of Judicature.

Assented to 14th May, 1906.

HEREAS certain charges were on the 11th Hay ofpreambie.

Roswell Gamey charged and HeclareH that James Robert
Stratton, another member of the said Legislative Assembly
and a member of the Executive Council, did certain corrupt
and unlawful acts by attempting to bribe him the said Robert
R( 'swell Gamey, l>y the payment of certain moneys, and
whereas a Commission was issued on the 28th day of March
in the year 1903 for the purpose of enquiring into, and in-
vestigating the said charges ; and whereas in the course of the
said enquiry and during the evidence of the said Robert Ros-
well Gamey, certain moneys and a certain cheque were pro-
duced by him heing bank notes amounting in the aggregate
to $500 and a certain cheque on the Traders Bank of Canada
for $1,500 and whereas, the said notes and cheque were by
direction of the Commissioners placed in the custody of the
Accountant of the Supreme Court of Judicature, and whereas
it is expedient that further order should be made with regard
to the said notes and cheque.

Therefore His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province Ontario, enacts
as follows :

1. The said bank notes of $500 and the said cheque of£°^»££eof
$1,500 are hereby declared to be forfeited to His Majesty f or of the Pro-
the public uses of the Province, and to have been so for feited 'unce-
from the time of being produced during the said enquiry,

and the Accountant of the Supreme Court is hereby directed
to endorse said cheque to the Treasurer of the Province.

2. The said moneys so forfeited as aforesaid shall be applied jj^'to'charit
to such charitable purposes as the Lieutenant-Governor in able purposes.
Council shall determine.

CHAPTER

Chap. 6 MANHOOD SUFFRAGE REGISTRATION. 6 EDW. VII

CHAPTER 6.

An Act to amend'The Manhood Suffrage Registra-
tion Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

cT schedule ^0Tms 9 an(^ ^ *n Schedule to The Manhood Suf-

amended. frage Registration Act, as amended by the Act passed in
the Second year of His Majesty's reign, chapter 6, are
amended by adding thereto the following - as paragraph
la:

oaths of man- la, "That you are not a citizen or a subject of any for-

^suffrage eign country.»

CHAPTER

1906.

ELECTIONS.

Chap. 7 15

CHAPTER 7.

An Act to amend The Ontario Election Act.

. Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 4siof section 69 of The Ontario Election Act Rev. stat.
is amended by striking out all the words after the word sub's.V9'
" used " in the third line of the said subsection. amended.

Number on
counterfoil
and ballot.

2. Sub-section 3 of section 70 of the said Act is repealed f^ i^o,'
and the following substituted therefor : repeafed.

"(3) The tendered ballot papers and counterfoils attached Tendered

• . inn i i ,-. i t ■ ••! , ballot papers

thereto, shall be bound or stitched m a manner similar to
that directed in the case of the other ballot papers and
counterfoils. The number of tendered ballot papers shall
not be less than ten per centum of the number of the ordi-
nary ballot papers."

3. Section 100 of the said Act is hereby repealed. £™b Repeated.

4. Section 103 of the said Act is amended by striking out Rev. stat. c. 9,
the words " and the number on the back " in the thirteenth s' amen e
line and the words " and the number on the back of the

paper" in the twenty-first line of the said section.

5. — (1) Clause 1 of section 112 of the said Act is amended Re^stat. c. 9,
by striking out the words " and taking all precautions not to amended,
see or to permit any person to see the number printed on

the back of any paper " at the end of the said clause.

(2) Clause 3 of the said section is amended by striking Rev. stat. c. 9,
out the words " the printed number and " in the 4th line of amended3
the said clause.

Chap. 7.

ELECTIONS.

6 Edw. VII

Rev. stat. c. 9, 6. Section J 43 of the said Act is amended by striking- nut
s. 143 amended. ^jie wor(js <• marked with the same printed number and " in
the 5th line from the end of the said section.

Rev. stat. c. 9. 7. — (1) Subsection 3 of section 155 of the said Act is
amendedbs' 3 amended by striking out all the words after the word
" voted " in the 4th line of the said subsection.

Rev. stat. c. 9, (2) Subsection 4 of the said section is amended by striking
amended s" out the words " the number on the back of any ballot paper"
in the fourth line of the said subsection.

Rev. Stat. c. 9,
Sched. " A,"
Form 11
amended.

8. Form 11 in Schedule " A " to the said Act is amended by
striking out the words " Counterfoil No." " No on Voters
Lists in Poll Book" " Note — The Counterfoil is to have a
number to correspond with that on the back of the Ballot
Paper " and the reference to any number on the back of the
ballot paper set out in the said Form.

Rev. Stat. c. 9,
Sched. "A,"
Form 13
amended.

9. Form 13 in Schedule " A " to the said Act is amended by
striking out the words " and not to attempt to see or ascer-
tain at the counting the number on the back of any ballot
paper or the number on any counterfoil " in the third, fourth
and fifth lines of the first paragraph of the said Form.

SchedSt- a " 9' ,0, ^orm 2^ ^n Schedule " A " to the said Act is amended by
Form 26 ' striking out all the words after the word "law" in the third
line of the third paragraph of the said Form.

Rev. Stat. c. 9,
Sched. "A,"
Form 27
amended.

11. Form 27 in Schedule " A " to the said Act is amended by
striking out the words " that I have not attempted bv any
means whatever to see or ascertain at the counting of the
ballot papers the number on the back of any ballot paper
and ;" in the first, second and third lines of the second para-
graph of the said Form.

CHAPTER

1906.

ELECTIONS.

Chap. 8. 17

CHAPTER 8.

An Act to amend The Ontario Election Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 20 of The Ontario Election Act is repealed Re,7- stat->, c: 9

...... r s. 20 repealed.

and the following substituted therefor : —

20. Every Writ for the election of a Member of the Legis- wnts for

■ elections to

lative Assembly shall be addressed to such person, being a voter whom ad-
of the Electoral District for which the Election is' to take dressed-
place, as the Lieutenant-Governor may appoint, and such
person shall be the Returning Officer at such Election.

2. Section 21 of The Ontario Election Act is repealed. Rev. stat., c.9,

1 s. 21, repealed.

3. Section 22 of The Ontario 'Election Act is amended Rev. stat.. c. 9,.
by striking out all the words in the said section, down to, anas-22amended-
including, the word " addressed " in the third line, and sub-
stituting instead the following words : ''In case the person to

whom the Writ has been addressed, has died, or ".

4. Section 22a of The Ontario Election Act, as enacted Rev. star., e. 9,
by section 1 of the Act passed in the 63rd year of the reign s'22a repealed-
of Her late Majesty Queen Victoria, Chapter 4, is repealed.

5. Section 25 of Ihe Ontario Election Act is amended by Rev. stat., c. 9,
striking out the words "Sheriffs or Registrars, or," in the s' 2o' repealed-
second line thereof.

6. Section 26 of The Ontario Election Act is amended by Rev. stat.. e.9,
striking out the words "every Sheriff or Registrar, ands' amen e •
ever j other person" in the first line of the said Section,

and substituting instead the words "every person"; and
by striking out the words "not being a Sheriff or Registrar,
and" in the sixth line.

7- Subsection 1 of section 32 of The Ontario Election ftJ'fjJvH0- 9-
Act is amended by striking out all the words in the said sub- amended'.
2 s. section

18 Chap. 8. ELECTIONS. 6 Edw. VII

section after the words " directed to " in the third line, and
substituting instead the words " to such person as may be
appointed by the Lieutenant-Governor."

Rev. stat., c. 9, g. Subsection 2 of section 32 of The Ontario Election

s. 32, subs. 2 . , . , ,

repealed. Act is repealed.

i Edw. vii, c. 9. Subsection 2 of section 5 of The Statute Law Amend-
repeaiedsubs' " m«7i« Act, 1904, w repealed.

Re9V'forms'i6 Forms 16> *~ and 18 in Schedule "A" to The Ontario

i7, is amended. Election Act are amended by inserting in each of the said
oaths of forms the following as paragraph 1 (a) : "That you are not
a citizen or subject of any foreign country."

Rev. stat., 11. Forins 19 and 20 in Schedule "A" to the said Act are
^p.Vamended. amended by adding the following as paragraph 5 (a):
Oaths of "That you are not a citizen or subject of any foreign coun-

voters. try_,,

CHAPTER

1906.

SUPPLEMENTARY REVENUE.
%

Chap. 9.

CHAPTER 9.

An Act to amend The Supplementary Revenue Act,

1899.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1 . Clause b in the paragraph numbered 1 of section 2 l^z'Jmr. i." oi
of The Supplementary Revenue Act, 1899, as amended by b> repealed,
sub-section 2 of section 2 of The Supplementary Revenue

Act, 1900, is repealed, and the following substituted there-
for : —

(b) Every lank sball pay an additional tax of $100^£P™d
for the Head Office in the Province and $25 for each addi- £^hes of
tional Office, Branch or Agency in the Province.

2. The pargraph number 5 of section 2 of The Supple- f2/^ f"8,
mentary Revenue Act, 1899, as amended by section 5 of repealed. '
The Supplementary Revenue Act, 1900, and by section 1

of The The Act to amend the Supplementary Revenue
Act, 1899, being the Act passed in the 4th year of His Ma-
jesty's reign, chaptered 5, is repealed and the following
substituted therefor : —

5. Every railway company owning, operating or using by^fway6
in whole or in part in this Province a steam or electric companies,
railway shall pay a tax of $60 per mile for one track, and,
where the line consists of two or more tracks, of $20 per
mile for each additional track, owned, operated or used
as aforesaid in any organized county; and of $40 per mile
for one track and, where the line consists of two or more
tracks, of $10 per mile for each additional track, owned,
operated or used as aforesaid in unorganized territory,
being territory without county organization ; provided that
a railway company owning, operating or using a steam or
electric railway which does not, either by itself or in con-
junction with any other railway leased by it or to which
it is leased or with which it is amalgamated or together

with

Chap. 9. SUPPLEMENTARY REVENUE. 6 EdW. VII.

with which it forms one system, exceed 150 miles in length
from terminus to terminus, shall in lieu of the said tax
pay a tax of f 15 per mile for one track and, where the line
consists of two or more tracks, of $5 per mile for each addi-
tional track; provided further, that no tax under this sec-
tion shall be payable in respect of so much of the track of
an electric railway as is situate upon any public highway
or lies within the limits of any city.

(a) Both the company owning the railway or the part

thereof in question and the company or com-
panies operating or using the same shall be
jointly and severally liable for the payment of
the amount of such tax to the Provincial
Treasurer, but the total amount payable in re-
spect of any railway shall not exceed the
amounts above respectively mentioned, notwith-
standing that such railway is owned, operated
or vised by more than one company.

(b) The measurement of trackage for the purposes of

this section shall not include switches, spurs or
sidings.

62 V. (2) c. 8, 3. Section 2 of The Supplementary Revenue Act, 1899,
s. 2, amended. -g amended, by adding thereto the following paragraph : —

Tax on street
railways.

6. — (a) Every street railway company working or operat-
ing a street railway partly within a city and partly on the
public highways without the limits of any city shall pay
a tax of $10 per mile for each mile of track without such
limits as aforesaid. In all cases the mileage shall be com-
puted on the single track, each mile of double track being
counted as two miles of single track; but in calculating
the mileage mere switches or sidings, tracks into car stables
or car sheds, T's and curves laid at street corners and por-
tions of track not in general use for passenger traffic shall
not be counted.

Distribution of
one half the
revenue from
railway tax
among muni-
cipalities.

4. — (1) There shall be set apart annually on the 31st
day of December in each year from the Consolidated Reven-
ue Fund of the Province a sum equal to one-half the total
receipts of the Province during such year for taxes from
railway companies under sub-section 5 of section 2 of The
Supplementary Revenue Act, 1899, and the amendments
thereto, after deducting from said total receipts the sum of
$30,000, and the sum so set apart shall, on the 31st day
of December in each year, be credited to the cities, towns,
incorporated villages and organized townships in the Pro-
vince in proportion to population as compared with the
whole population of the Province, according to the enu-
meration thereof as shewn by the last preceding Dominion
census, at the date of such distribution, and in the event

1906.

SUPPLEMENTARY REVENUE.

Chap. 9.

of such population being uncertain, owing to change of
municipal boundaries, the Lieutenant-Governor in Council
shall determine the population of such municipality for
the purposes of this Act, and the Lieutenant-Governor in
Council may also fix the amount in cents per head of the
population to be so credited without allowing for fractions
of a cent.

(2) Against such credit there shall be charged to each Municipalities

i • • T. . -i ■ n xi ■ j to be debited

such municipality, as a contribution towards the mamten- with cost of
ance of such patients, a sum amounting to ten cents per ™ l^mates'oE
patient per day for each patient belonging to such muni- asylums, etc.
cipality maintained for the whole or any part of such year
in any lunatic or other asylum of the Province, such charge
to be made only in respect of patients on whose account
the Province is not in receipt from any source or sources
of one dollar and a half per week or more.

(3) In each such case all questions as to the liability of ^^ji^o^
the municipality in question to such charge shall be deter- how to be
mined by an officer designated for that purpose by the Pro- determined-
vincial Secretary. Such decision may at any time and

from time to time be varied or cancelled by such officer
or by any other officer designated as aforesaid.

(4) The balance remaining at the credit of each such p^l "ve^to6
municipality after deducting such charge shall be forth- Sard's main
with paid by the Provincial Treasurer to such munici- tenance of
palitj ; but no municipality shall be liable for any payment excessofThe
should the amount charged as aforesaid in any year exceed Edited s°
the amount credited as aforesaid in such year.

('5^ The names of the patients in respect of whom such paat™^t°ft0 be
charge is made shall be furnished each year to the muni- s?nt t° muni-

— cipfllitiGS.

fipality in question, but the same or any of them shall
not be published in the accounts of the municipality unless
ihe council of the municipality so directs.

CHAPTER

Chap. 10. DEPT. OF LANDS, FORESTS AND MINES 0 Ed\V. VII

CHAPTEE 10.

An Act respecting- the Department of Lands,
Forests and Mines.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

Rev\ stat.,^ 1. Section 2 of The Act respecting the Executive Covacil
EdW., ViLc.5, as amended by section 1 of the Act passed in the fifth year
s i, amended. of Hig Majesty's reign, chaptered 5, is further amended by
striking out the words "Minister of Lands and Mines" and
inserting in lieu thereof the words "Minister of Lands, For-
ests and Mines."

"Department of 2. The words "Department of Lands, Forests and Mines"
and Mines." aUCl the words "Minister of Lands, Forests and Mines" are
substituted for the words "Department of Crown Lands"
and "Minister of Lands and Mines" respectively wherever
they occur in any Act of the Province of Ontario referring
to the Department of Crown Lands or the Minister of Lands
and Mines; and the words "Deputy Minister of Lands and
Forests" are substituted for the words "Deputy Minister of
Lands and Mines" wherever the same occur in any such Act
referring to the Deputy Minister of Lands and Mines.

Rev. stat., c. 28, 3. Section 4 of The Public Lands Act is repealed and the
s. 4, repealed. fo]lowing. substituted therefor :

Deputy Min- 4. — (1) There shall be a Deputy Minister of Lands and
and Forests. Forests, who shall be appointed from time to time as a
vacancy occurs by the Lieutenant-Governor in Council and
shall perform such duties in the Department of Lands,
Forests and Mines as may be assigned to him by the Lieu-
tenant-Governor in Council or the Minister of Lands, For-
ests and Mines, and in the absence of the Minister or in the
case of a vacancy in the office of Minister, shall preside over
the Department as regards all matters other than those
under this Act assigned to the Deputy Minister of Mines,

and

1906 DEPT. OF LANDS, FORESTS AND MINES. Chap 1 U. 23

and the Deputy Minister of Lands and Forests shall dis-
charge as to the matters assigned to him the duties of the
Minister of Lands, Forests and Mines.

(2) - There shall also be a Deputy Minister of Mines, who Pj^"^ Jf?£"
shall be appointed by the Lieutenant-Governor in Council

from time to time as a vacancy occurs, who shall perform
such duties in the said Department in connection with
mines, mining lands and the mining industry and other
matters as may be assigned to him by the Lieutenant-Gov-
ernor in Council or the Minister of Lands, Forests and
Mines, and in the absence of the Minister or in the case of
a vacancy in the office of Minister, shall discharge therein
the duties of the Minister with respect to mines, mining
lands, and the mining industry and such other matters as
may be assigned to him as aforesaid.

(3) The Deputy Minister of Lands and Forests and theD^Uestobe
Deputy Minister of Mines shall each before entering upon

the duties of his office take an oath faithfully to discharge
the same, which oath shall be administered by the Minister
of Lands, Forests and Mines or any person appointed by
the Lieutenant-Governor in Council for that purpose.

(4) In the absence of either of the said Deputy Ministers oSeSty0'
the other Deputy Minister shall take his place and discharge other ,u l
his duties.

CHAPTER

Chap. 11.

MINES.

6 Edw. VII

CHAPTER 11

An Act respecting- Mines.

Assented to 11th May, 1906.

Short Title, s. 1.
Interpretation, b. 2.
Application of Act, s. 3 (1) (2).
Staking claims for stone, marble,
etc., s. 3 (3).
Royalties Abandoned, s. 4.
Reservation op Mines in certain

patents, abandoned, s. 5.
Sales for other purposes not

affected, s. 6.
Regulations, s. 7.
Mining Commissioner, s. 8.

Jurisdiction, powers and pro-
cedure, ss. 9, 16, 18, 21, 29, 43.
Penalty for disobeying orders of,

s. 17.
Sittings, ss. 22-27.
Shorthand writer, s. 28.
Appeals from, s. 30-43.
Rules of procedure, ss. 39-40.
Fees and costs, ss. 37, 38, 40, 41.
To be ex officio justice of the
peace, s. 42.
Bureau of Mines, — Deputy

Minister, ss. 44-46.
Provincial Geologist, s. 47.
Provincial Assayer, s. 48.
Inspectors, ss. 49-50.
Mining Recorders, — Powers and
Duties, ss. 51-73.
Constables appointed by, ss. 53,
54.

Inspection of documents in office

of, ss. 55, 56.
Evidence of records, s. 57.
Recording applications, ss. 58-59.
Jurisdiction of, in settling dis-
putes, ss. 60, 61, 65.
Appeal from, ss. 60, 61, 74, 75.
Decisions, record of, ss. 62-64.
Vacancy in office, ss. 66-73.
Inspection of Claims, ss. 67-70.
Certificate of Record, s. 71.
Extending time for performing

working conditions, s. 72.
Officers, — Employment of, s. 76,
77.

Not compellable to disclose in-
formation, s. 78.
Mining Divisions, Establishment
of, ss. 79, 80.

Mistakes as to office records, s.
81.

List of patents and leases to be

sent to Recorder, s. 82.
Special divisions, s. 83.
Licenses and Licensees, ss. 84-97.
Renewals, ss. 91, 92.
Substituted license, s. 93.
Crown Lands, Withdrawal of,
s. 98.

Re-opening lands withdrawn, ss.

99-101.
Gillies limit, s. 100.
Exploring without authority, ss.

102, 103.
Forest reserves, ss. 104, 106, 174

(2).

Mining Claims, s. 107.

In unsurveyed territory, s. 108.
What lands may not be staked,

s. 109.
Area of, s. 110-116.
Discovery necessary, s. 117.
Transfer of unpatented claims,

s. 118.

Surface rights, ss. 119, 122, 142.
Special Mining Claims, ss. 123-
129.

Lands Under Timber License, s.
130.

Staking out and holding claims,

ss. 131-140.
Working Permits, ss. 141-154.
Working conditions on, ss. 147,

149, 154.
Rights of holder, s. 150.
Transfers and renewals, ss. 151,
152.

Water powers on Mining Claims,
s. 155.

Recording Mining Claims, ss.
156-159.

Working

1906.

MINES.

Chap. 11 25

Wqkking Condition's on Mining
Claims, ss. 16p-164.
Report on work done, ss. 161,
162.

Abandonment of claim, ss. 165,
166.

Forfeiture of claims, ss. 167, 168.
Patent of Mining Claim, ss. 169-
174.

Price of mining lands, s. 174.
Timber, s. 175 ■

Surveys of Mining" iClaims, ss.

176-180.
ProspectingTermits,, s. 181.

Leasing to_holder, s. 181 (5), (8).
Placer Mining, s. 182.
Dredging Leases, s. 183.
Fees, s. 184.

Mining Partnerships,^. 185.
Companies, s. 186.
Exploratory Drilling, s. 187.
Lien for Wages, ss. 188, 189.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. This Act may be cited as The Mines Act, 1 906. short title.
R.S.O. 1897, c. 36, s. 1.

GENERAL PROVISIONS.

Interpretation.

2. Where the following1 words occur in this Act, and interpretation
in Orders-in-Council or regulations under it, they shall be
construed in the manner herein mentioned, unless a con-
trary intention appears :

(1) "Agent," when used in relation to any mine, shall "Agent.'
mean any person having, on behalf of the owner, care or
direction of any mine, or of any part thereof, and shall
include "manager" and "superintendent." R.S.O. 1897,

c. 36, s. 2 (11).

(2) "Crown lands" shall include all Crown lands, School "Crown-
lands or Clergy lands not in the actual use or occupation of Iiinds'
the Crown, or of any public Department of the Government

of the Dominion of Canada, or of this Province, or of any
officer or servant thereof, and not under lease or license of
occupation from the Crown or the Minister of Lands and
Mines, and as to which no adverse claim exists which is
subsequently recognized h\ the Minister of Lands and
Mines. R.S.O. 1897, c. 36, s. 2 (4).

(3) "Department" means and includes the Department "Department."
of Lands, Forests and Mines of the Province of Ontario.

(4)

Application of Act respecting
Riots near Public Works, s.
190.

Regulations for working Mines,

ss. 191-208.
Employees age, ss. 192-197.
Licensee not to damage other

claims, s 198.
Liquor licenses, s. 199.
Payment of wages, s. 200.
Statistical returns, s. 201.
Plan of workings, s. 202.
Prevention of accidents, ss. 203-

206.

Notice of accidents, report, ss.
207, 208.

Offences and penalties, ss. 209-
213.

Prosecutions, s. 214.
Burden of proof of title to ore,
s. 219.

Application of fines, fees, etc.,

ss . 220, 221 .
Repealing former enactments, s.

222.

Chap. 11.

MINES.

6 Edw. VII

(4) "In place" shall mean the place or position in which
a vein, lode or other deposit of mineral or minerals was ori-
ginally formed or deposited, as distinguished from loose,
fragmentary or broken rock, boulders or float, and from a
bed or deposit of gold- or platinum-bearing sand, earth, clay
or gravel.

(5) "Inspector" shall include any inspector appointed
under this Act, and whether for a Mining Division or any
part thereof, or for the Province. R.S.O. 1897, c. 36, s.
2 (12).

(6) "Licensee," "holder of a mining license," means and
includes the person, registered partnership or company
named in a miner's license duly issued under the provisions
of this Act, while said miner's license or any renewal there-
of is in force and unexpired and not cancelled or revoked
under this Act.

(7) "Minister" means and includes the Minister or Act-
ing Minister for the time being of the Department of Land?,
Forests and Mines of the Province of Ontario.

(8) "Machinery" shall include steam or other engines,
boilers, furnaces, stamps or other crushing apparatus, wind-
ing or pumping gear, chains, trucks, tramways, tackle,
blocks, ropes or tools, and all appliances of whatsoever kind
used in or about or in connection with the mine. R.S.O.
1897, c. 36, s. 2 (9).

(9) The noun "mine" shall include every shaft sunk or
in the course of being sunk, and every adit, level and
inclined plane driven or in the course of being driven for
commencing Or opening or working any mine, or for
searching for or proving minerals, and all the shafts,
levels, planes, works, machinery, tramways and sidings,
both below ground and above ground, in and adjacent to
a mine, and any such shaft, level and inclined plane belong-
ing to any mine to which this Act applies, together with
all rocks, soils, or strata containing any ore or valuable
mineral, and all roast yards, smelting furnaces and other
places where the work of mining or the crushing, reduc-
ing, smelting, refining or otherwise treating of ore or min-
eral may be carried on, and all borings, holes or wells put
down for searching for or procuring any mineral or min-
eral substance. R.S.O. 1897, c. 36, s. 2 (1).

(10) The verb "mine" and the participle "mining"
shall include any mode or method of working whatsoever
whereby the soil or earth or any rock, stone or quartz
may be disturbed, removed, carted, carried, washed,
sifted, roasted, smelted, refined, crushed or otherwise dealt
with for the purpose of obtaining any metal or mineral
therefrom, whether Ihe same may have been previously
disturbed or not. R.S.O. 1897, c' 36, s. 2 (2).

(H)

1906.

MINES.

Chap. 11 27

(11) "Mining Division" shall include any tract of "^jgjj^;,
country declared or proclaimed by Order-in-Council to

he a Mining Division under this Act. R.S.O. 1897, c.
36, s. 2 (3).

(12) "Mining rights" shall mean the ores, mines and rights."8
minerals on or under any land where the same are or have

been dealt with separately from the surface of the land.
R.S.O. 1897, c. 36, s. 2 (6).

(13) "Mining lands" shall mean and include all lands lands.1" 8
and mining rights patented or leased under or by authority

of any statute, regulation, Act, or Order in Council at any
time in force in Ontario, respecting mines or mining lands,
and likewise all lands used for mining purposes.

(14) "Official," "officer," means and includes the Dep-
uty Minister of Mines, the Provincial Geologist, the Pro-
vincial Assayer, the Inspectors, Mining Recorders and
other officials for the time being duly appointed under
this Act.

(15) "Owner" when used in relation to any mine, 0r"0wner""
mining land or mining rights shall include every person,
registered or unregistered partnership or body corporate,

who is the immediate proprietor or lessee or occiipier of
any mine, or of any part thereof, or of any land located,
patented or leased as mining land under this or any other
Act or law of, or applicable to, this Province, now or
heretofore in force, relating to mines, minerals or min-
ing, but shall not include a person, registered or unregis-
tered partnership or* body corporate who merely receives
a royalty, rent or fine from a mine or mining land, or is
merely the proprietor of a mine or mining land subject
to any lease, grant or license for the working" thereof, or
is merely the owner of the soil and not interested in the
ore or minerals thereon. R.S.O. 1897, c. 36, s. 2 (10).

(16) "Patent" shall mean a Crown grant and shall be " i'"""1' "
deemed in the case of a mining claim, or a special mining
claim, to include the fee simple or any less portion thereof
expressly stated, and in the case of mining rights to in-
clude all the Crown title in the mines, ores and minerals
thereof, together with, unless therein otherwise expressly
stated, all necessary rights of way and also water (if any)
essential to the due working thereof.

(17) "Placer mining claim" shall mean any natural t*$$iS!»*
stratum or bed of earth, gravel or cement mined for gold

or other precious minerals or stones.

(18) "Prescribed" refers to the direction contained in " described.'
an Order-in-Council or an Order or regulation made by .

the Minister or Mining Commissioner under the authority
of this Act.

(19)

Chap. 11.

MINES.

6 Edw. VII

• Shaft,'

" Stake,'
"post."

ft. S. B.C.
Is97, c. 18, s. 2.

(19) "Shaft" shall include pit, and "plan" shall include
a map or section, and a correct copy or tracing of any
original plan as so defined. R.S.O. 1897, c. 36, s. 2 (8).

(20) "Stake", "post" shall mean a stake standing not
less than four feet above the ground, and squared or faced
on four sides for at least one foot from the top, and each
side so squared or faced shall measure at least four inches
on its face so far as squared or faced, and any stump or
tree cut off and squared or faced to the above height or
size; provided when the survey is made the centre of the
tree or stump where it enters the ground shall be taken
as the point to or from which measurement shall be made.

" Surface
rights."

"Valuable
mineral."

" Water
power."

(21) "Surface rights" shall mean lands granted, leased
or located for agricultural or other purposes and in re-
spect of which the ores, minerals and mines thereupon or
under the surface thereof are by statute, the patent or
lease, or otherwise, reserved to the Crown. R.S.O. 1897,
c. 36, s. 2 (5).

(22) "Valuable mineral" shall mean a vein, lode or
other deposit of mineral or minerals in place, containing
such quantities of mineral or minerals, other than lime-
stone, marble, clay, marl, peat, or any building stone, as
to make it probable that the said vein, lode or other deposit
is capable of being developed into a workable mine.

(23) "Water-power" shall be deemed to include not only
the land under water at a fall or rapid, but also the
land adjoining such water to the extent of one chain on
every side thereof, together with such additional area
adjoining the same as, in the opinion of the Mining
Recorder of the Mining Division wherein same is situate,
or of the Minister may be necessary for the proper develop-
ment and utilization of such water-power. 63 V. c. 13,
s. 19.

Application of Act.

Miuesetc.tobe 3.- — (1) All mines, minerals, mining lands and mining
rights of every nature and kind within the legislative jur-
isdiction of the Province of Ontario, and every owner
thereof shall, where not herein otherwise provided, be sub-
ject to the provisions of this Act.

subject to
provisions of
Act.

Section ItiO,
application
limited.

(2) The provisions of section 160 of this Act shall
not apply to mines, minerals, mining lands, mining
claims and mining rights granted, leased, located or
recorded prior to the date this Act comes into operation,
or to mines, minerals, mining lands, mining claims
or mining rights applied for prior to the date this
Act comes into operation, under The Mines Act or any reg-
ulations

1906.

MINES.

Chap. 11 29

illations there under unless the application therefor is there-
after abandoned, withdrawn or refused, or lapses, or the
applicant omits to pay to the Department the purchase
price or first year's rental of the said mining lands or
mining rights, as the case may be, within the period or
periods prescribed by The Mines Act, or otherwise to fulfil
any of the conditions required of applicants for mining
lands under the said Act. Provided that all min- Proviso,
ing claims situated in the townships of Coleman, Bucke,
Lorrain and Hudson staked out and recorded on and after
the 28th day of August, A.D. 1905. under the Regulations
for Mining Divisions, shall be subject to the provisions of
this Act.

(3) Notwithstanding the passage of this Act applicants R^gh^of^
for mining lands who have complied with the provisions preserved,
of The Mines Act or regulations thereunder respecting
applications for such lands and whose applications are
pending before the Department at the time this Act is
passed, shall not be debarred from completing their appli-
cations in terms of the law in force previous to the coming

into operation of this Act as same is interpreted by the Min-
ister, or from obtaining such title to the said lands as is
provided for therein, as fully as if this Act had not been
passed.

(4) AVhere not situated within the limits of a Special staking claims
Mining Division, Crown lands containing any bed, stratum Gaining 'stone""
or deposit of limestone, marble, clay, marl, peat ar any marble et0-
building stone may be staked out as mining claims under

this Act upon proof being furnished to the satisfaction of
the Mining Recorder of the Mining Division in which the
lands are situated that such bed, stratum or deposit is of a
size and character as to be workable for any one or more of
such substances, but all valuable minerals as defined in this
Act shall be reserved therefrom ; but no such claim shall be
staked out on any land heretofore or hereafter located, sold
or patented under the Public Lands Act or the Free Grants
and Homesteads Act or the regulations made thereunder,
and the said substances shall be deemed to have been con-
veyed by any such patent heretofore issued or any such
patent hereafter issued ; provided that this section shall not
affect any rights heretofore acquired in any such substances
or the land containing the same.

4. All royalties which bv the Act passed in the 54+h Rovaitiesunde

54 V.. C. 8.55 V
c.9, abandoned.

year of Her Majesty's reign, entitled An Act to amend the^"-c'i!5&y-'

General Mining Act, or by The Mines Act, 1892, or by the
Revised Statutes (1897) respecting mines, or by any patent,
have been reserved, imposed or made payable to the Crown
for the use of the Province upon or in respect of any orei
or minerals extracted from lands granted under any patent
or lease, are declared to be abandoned. 63 V. c. 13, 8. 2.

Chap. 11.

MINES.

6 Edw. VII

Reservations 5. All reservations of mines, ores and minerals contained
in eertlin tc *n any patent issued prior to the 1st day of July, 1867, and

patents aban- all provisions except working conditions which reserve or
limit the mineral rights conveyed by any patent or lease
heretofore issued, excepting patents issued under The Pub-

?se 2>.iStat " CC' Hc Lands Act, and The Free Grants and Homesteads Act,
are hereby rescinded and made void, and all mines, ores
and minerals base and precious, in or upon such lands des-
cribed or defined in a patent, shall be deemed to have been
granted in fee simple as part of such lands, and to have
passed with the said lands to the subsequent and present
owners thereof free from any such reservation. 63 V.
c. 13, s. 3.

ofrier eur" 'ses ^' Nothing herein contained shall interfere with or pre-
not!arrreetedSes vent the sale, lease or location, for agricultural or other pur-
poses, of any lands situated within the boundaries of any
Mining Division, which have been or may hereafter be
opened for sale or as free grants under The Public Lands
Act and The Free Grants and Homesteads Act, or any Act
or Order in Council or Regulation respecting the sale and
disposal of such lands.

Regulations.

Lieutenant- 7. — (1) 'ph^ Lieutenant-Governor in Council may from

Governor 111 . .. , ,

council mav time to time make such orders as are deemed necessary to
tionstocarry carry out the provisions of this Act or to meet cases which
'of tAPrtovlslons may arise and for which no provision is made in the Act,
or when the provision which is made is deemed to be am-
biguous or doubtful, and may further make and declare
any regulations which are considered necessary to give
the provisions in this section contained full effect, and
from time to time alter or revoke any order or orders or
regulations made in respect of the said provisions and
make others in their stead and further impose penalties
not exceeding $200 or not exceeding three months' im-
prisonment for violation of any regulations under this
Act, and further provided that any statement or returns
required to be made by said regulations shall be verified
on oath.

Regulations as (2) The Lieutenant-Governor in Council may from time
roads, <mches, to time make such regulations as he deems necessary or
etl' expedient for the opening, construction, maintenance and

using of roads to, through or over mining claims, mining
locations or lands heretofore or hereafter sold or granted
as mining lands or recorded as mining claims or locations;
for the opening, construction, maintenance and using of
ditches, aqueducts or raceways through, over or upon such
claims, locations or lands for the conveying and passage
of water for mining purposes. R.S.O. 1897, c. 36, s. 7.

(3)

1906.

MINES.

Chap. 11 31

(3) Any orders or regulations made by virtue of the Regulations to
provisions of this section, shall have force and effect only ftf r^o/'Jano
after the same shall have been published in The Ontario before
(idzette, and such Orders or regulations shall, if made Assembly,
when the Legislative Assembly is sitting be laid upon the
table of the House during the then Session, and if made
ut any other time shall be laid upon the table of the
House within the first fifteen days of the Session next after
(he date thereof, and in case the Legislative Assembly at
the said Session (or if the Session does not continue for
three weeks after the said regulations are laid before the
House, then at the ensuing Session of the Legislature)
disapprove by resolution of such regulation or Order,
either wholly or in part, the regulation or Order so far
as disapproved, shall have no effect from the time such
resolution is passed. R.S.O. 1897, c. 36, s. 8: 63 X ., c.
13, s. 14.

MINING COMMISSIONER..

8. — (1) The Lieutenant-Governor in Council may, f rom maj^avpSiit
time to time, appoint a Commissioner to be known by the mis^oner°m
official title of "Mining Commissioner," for the purpose of

the Mining laws, that is to say, The 3fi»c.<; Act, and all
other Acts, laws, and parts of Acts and laws in relation to
the subject of Mining.

(2) The Mining Commissioner shall be deemed to be and^lfgf^^rt
shall be an officer of the High Court. „ ,

° To be a barns-

(3) He shall be a barrister of at least ten years' standing terof ten

, ,i -i n r\ . • J ° vears' stand-

at the bar of Ontario. ing.

(4) He shall hold office by the same tenure as an officer J^""re of
under The Judicature Act.

(5) He shall not practise as a solicitor or barrister or act Not to practise
in any capacity as a legal agent or adviser in any matter matters,
arising under this Act.

(6) He shall be paid a salary of such amount as may Snlary
be appropriated by the Legislature for that purpose to be
paid monthly, and reasonable travelling expenses.

Jurisdiction of the Mining Commissions;.

9. In relation to all unpatented mining lands or mining J^Xn,.'.' asto
rights and interests therewith connected and all persons, unpatented
mining partnerships and companies interested therein or 1
connected therewith the Mining Commissioner shall have
jurisdiction, power and authority under this Act as fol-
lows :

(a) In respect to all applications, matters and proceed- Jlirl'fl"
ings which may come, or be brought before him under the
provisions of this Act, or any former Act relating to mines
nr mining, he shall have the powers of a Judge of the High
Court of Justice, including the production of books and

I apers

Chap. 11.

MINES.

6 Edw. VII

Actions of
trespass.

Actions of
ejectment.

papers ; the compelling witnesses to attend and give evi-
dence before him; the amendment of all process, notices
and proceedings ; correcting errors and supplying omissions ;
the fixing the time and place of hearing ; appointing a time
for views and inspections which he may deem necessary;
summoning to his aid engineers, surveyors .or other experts
and regulating and directing all matters incident to the
hearing, trial and decision of the matters before him, so as
to do complete justice between the parties, and may grant
an injunction or mandamus in any matter before him under
this Act.

(6) In all actions of trespass on or, in respect of unpa-
tented mining claims and other unpatented mining property
or upon or in respect of unpatented lands or waters entered
or trespassed on, or claimed to have been entered or tres-
passed on, in searching for mining or working minerals, or
for any other purpose directly connected with the business
of mining, or in the exercise of any power or privilege
given, or claimed to be given, by this Act or any other Act
relating to mining.

(c) In all actions of ejectment from unpatented mining
claims or other mining property, or from unpatented lands
or waters entered, or claimed to have been entered upon,
in searching for mining, or working minerals, or for any
purposes directly connected with the business of mining,
or entered, or claimed to have been entered, under some
power, right or authority given or obtained under the pro-
visions of this Act, or any other Act relating to mining.

(d) In all suits for specific performance of, or for reform-
ing, or delivering up, or cancelling any agreement for sale,
purchase or lease of any unpatented mining claim, mine or
other mining property.

(e) In all suits for the dissolution or winding up of any
mining partnership, whether recorded or not, interested in
or connected with any unpatented mining land or mining
rights and interests, under the provisions of this Act.

(/) In all proceedings for orders in the nature of injunc-
tions or mandamus where the same are or are deemed by
him to be requisite for the granting of relief in any matter
in which jurisdiction is given to the Mining Commissioner
by this Act.

10. The words "Pursuant to The Mines Act, 1906,"
shall be written or printed on all summonses, plaints and
other process, and all other documents, in every matter,
cause and application taken or brought before the Mining
Commissioner.

Proceedings to H. The hearing of any summons, plaint , cause,
goner0onPwiyth. matter or other process or application before the Min-
ing Commissioner shall not be deferred beyond the short-
est reasonable time necessary in the interests of all

parties

Suits for
specific per-
formance, etc.

Partnerships.

Injunction and
mandamus.

Proceedings to
be styled as
being under
Act.

1906.

MINES.

'Chap. 11 33

parties concerned, and it shall be lawful in the discretion
of the Mining Commissioner to make summonses or other
proceedings returnable forthwith or at any other time.

12. In all mining causes, matters and appeals the Min- §onsdonStfteeS
ing Commissioner may decide the question at issue upon ground,
the ground in dispute and such decision shall be entered

as in ordinary cases and have the same virtue and effect
as if rendered at a formal hearing.

13. When the Mining Commissioner proceeds partly on when commis-
view or on any special knowledge or skill possessed by h im- on view™06*418
self, he shall put in writing a statement of the same suffi-
ciently full to allow a Divisional Court to form a judg-
ment of the weight which should be given thereto; and he

shall state as part of his reasons the effect given by him
to such statement.

1-1. In any mining cause, matter or appeal the Mining Jury
Commissioner may, before delivering judgment, direct all
or any issues of fact to be found by a jury empannelled in
accordance with the provisions of The Jurors' Act.

15. In all applications, matters, causes, appeals and costs,
proceedings before the Mining Commissioner he may
award such costs to either or any party and order and
direct that costs be taxed by an officer of the District,
County or High Court, and the costs so awarded shall be
recoverable as may be ordered by the Mining Commis-
sioner.

16. The Mining Commissioner in mining causes, mat- writs of
ters and proceedings may direct the issuing of writs and arrest' etc-
special orders for the arrest and detention of judgment
debtors in all cases in which by law he has jurisdiction

over the subject matter of the suit, but under and subject
to such conditions as the Court or a Judge might usually
require in applications of a similar nature in the High
Court.

17. Any person wilfully acting in contravention of this obelieneeto
Act, or refusing to obey any lawful order or award of the order of Com-
Mining Commissioner shall, on conviction thereof in a misslon r-
summary way before any two Justices of the Peace or a
Stipendiary Magistrate or before any Judge of a High or
County Court, be liable to a fine not exceeding two hun-
dred and fifty dollars, or to imprisonment with or with-
out hard labour for any terms not exceeding three months.

18. The Mining Commissioner shall have the powers o^fafrVferee
of and may act as an official referee under The J udieature

Act and The Arbitration Act.

19. All interlocutory applications for any of the pur- 5Srffai^n5y
poses mentioned in this Act shall be made to the Mining
Commissioner, and his order thereon shall be final and con-
clusive.

3 S. 20

Chap. 11.

MINES.

6 Edw. VII

actionsnfor°f Where an action for damages is brought in any

damagesto Court in Ontario and in the opinion of the Court in which
commissioner. acf-on jg br0Ught 0r of a Judge thereof, the proper
proceeding is under this Act, or the action may be more
conveniently tried before and disposed of by the Mining
Commissioner, the Court or Judge may^on the application
of either party or otherwise and at any stage of the action
make an order transferring or referring it to the Mining
Commissioner and on such terms as the Court or Judge
deems just, and the Mining Commissioner shall thereafter
give directions for the continuance of the action before
him and, subject to the order of transfer or reference,
all costs shall be in his discretion.

pleadings— 21. The Mining Commissioner at any time after

production oi -,. ■. ■. . . , in i • i

documents, etc. a proceeding is brought or taken before him or an appeal
or reference is made to him as herebefore provided, may
give directions for the filing or serving of objections and
defences to such appeal or reference, and for the production
of documents and otherwise, and may give an appointment
to either or anv party to the proceeding, appeal or refer-
ence, to proceed therewith at such place and time and in
such manner as to him may seem proper, but the hearing
shall be in the county or district, or one of the counties
or districts in which the subject matter of the proceeding
appeal or reference is situate.

Sittings of Mining Commissioner.

cierk of 22. The Clerk of the County or District Court in the

trict court to County or District where any proceeding under this Act
attend sittings is ^ originated shall attend all sittings of the Mining Com-
missioner in the County or District for which such Clerk
has been appointed, and in connection therewith shall be
subject to the orders of the Mining Commissioner and
under the direction of the Mining Commissioner, and shall
take charge of and file all documents and exhibits and
shall be entitled to the same fees for filings and for his
services and for certified copies of decisions or reports as
for similar services in the County Court ; which fees shall
be paid in money and not by stamps. The Mining Com-
missioner shall fix the place of trial for any cause coming
before him at such place as to him may seem most conven-
ient for the parties to the dispute.

Absence of 23. In the absence of the Clerk of the County Court

Clerk of Covin- ,~, •• • i i • ii

ty court- the Mining bommissioner mav appoint his own clerk or
appointment of gome nther pergon to act as Deputy Clerk of the County

Court for the purpose of the proceeding and for taking
charge of and filing all exhibits, and the person so ap-
pointed shall while so acting have the same power and
be entitled to the same fees as the Clerk of the county
Court would have and be entitled to if personally present.

Powers of 24. When an appointment is given by the Mining Com-

ommissionei mjssj0Iier for ^he hearing of any matter of reference under

3a s. this

1906.

MINES.

Chap. 11

this Act in any City, Town or place where a Court House *^t^QU°sfc
is situated, he shall have in all respects the same authority
as a Judge of the High Court in regard to the use of the
Court House, or other place or apartments set apart in the
county or district for the administration of justice.

25. Sheriffs, deputy sheriffs, constables and other peace sheriffs, etc., to
officers shall aid, assist and obey the Mining Commissioner commissioned
in the exercise of the jurisdiction conferred by this Act
whenever required so to do, and shall, upon the certificate

of the Mining Commissioner, -be paid by the county or
counties, district or districts, interested, like fees as for
similar services at the sittings of the High Court for the
trial of causes.

26. Subpoenas for the attendance of witnesses at the subpoenas,
hearing, tested in the name of the Mining Commissioner

may be issued by the Clerk of Records and Writs or by
the Clerk of any County or District Court in Ontario.

27. The fees and conduct money to be paid to a witness witness fees,
subpoenaed under this Act shall be according to the scale

:for the time being in force in County Courts.

28. A shorthand writer may from time to time be ap- ghorthand
pointed by the Lieutenant-Governor in Council to report writer,
hearings or trials before the Mining Commissioner, and
every such officer shall be deemed to be an officer of the

High Court, and shall be paid in the same manner as
shorthand writers in the High Court are paid, and the
several sections of The Judicature Act respecting short-
hand writers shall apply to any shorthand writer appointed
under this Act.

Decisions of Mining Commissioner.

29. The decision or report of the Mining Commissioner ^""^[l0^
shall not be given out until stamped with the necessary until stamped,
stamps.

30. The decision or report of the Mining Commissioner Appeal to
on any appeal, reference or proceeding under this Act, org1^sionftl
on a reference under The Arbitration Act, or in any action

or proceeding transferred or referred to him under this Act,
shall be binding and conclusive upon all parties thereto,
unless appealed from to a Divisional Court within fifteen
days after the filing thereof, or within such further time as
the Mining Commissioner or a Divisional Court or a Judge
thereof may allow, save as otherwise provided by this Act
in any case where it is declared that the decision of the
Mining Commissioner shall be final. The decision or report
may be appealed against to a Divisional Court in the same
manner as from a decision of a Judge of the High Court
sitting in Court.

Chap. 11.

MINES.

6 Edw. VII

commissioner01 31. The decision or report of the Mining Commissioner
—Notice of ' with the evidence, exhibits, the statement (if any) of
inspection or of technical knowledge and the reason for his
decision shall be filed in the office of the Clerk of the
County or District Court where the proceeding in question
was originated unless otherwise ordered by the Mining Com-
missioner, in which case the same shall be filed as and where
ordered by the Mining Commissioner, and notice of the
filing shall forthwith be given by the Clerk or other officer
with whom same is filed by post or otherwise, to the solicit-
ors of the parties appearing by solicitor, and to other par-
ties not represented by a solicitor.

32. The Mining Commissioner shall enter in the books of
his office a record of each decision made by him under auth-
ority of this Act in regard to a mining claim and, likewise,
notify the licensee holder, for the time being, of such min-
ing claim by registered letter addressed post paid to such
licensee to his address appearing of record in the books of
the Mining Commissioner.

33. A licensee holder, for the time being, of a mining
claim shall be entitled to receive from the Mining Commis-
sioner a certificate of any decision by the Mining Commis-
sioner authorized by this Act relative to such mining claim,
which certificate shall contain the date of the record in the
books of the Mining Commissioner of such decision.

Record of deci-
sions—notice
to licensee.

Certificate of
decision as to
mining claim.

Form of deci-
sion.— entry of
judgment
thereon.

Change of
venue.

34. The decision of the Mining Commissioner in all cases
shall be in the form of an award or order for judgment and
may be delivered as decisions by the Judges of the Supreme
Court of Judicature are, and need not be in the form of a
report ; and unless appealed from to a Divisional Court as
herein provided, judgment may be entered in the office
wherein the proceeding is then pending without any further
or other application or order. The Mining Commissioner
by order may change the venue in any proceeding before
him as he may deem desirable.

Procedure and Costs.

Application of 35. Except as in this Act otherwise provided, and sub-
preotioeof iec* to the provisions thereof, the rules and practice for the
High court. time being of the High Court of Justice shall, subject to

the decision of the Mining Commissioner, be followed so far

as the same are applicable.

Evidence need 36. In cases brought before the Mining Commissioner in
noteseextended pursuance of the powers conferred by this Act, or by any
quired16 °ther Act, the evidence taken before him need not be filed,
and need only_ be written out at length bv the shorthand
writer, if required by the Mining Commissioner or by any
parties to the proceeding; and if required by any of the

parties

1906.

MINES.

Chap. 11 37

parties to the reference, copies shall be furnished upon
such terms as may be fixed by the Lieutenant-Governor in
Council.

37. Fees shall be paid in stamps or otherwise in the same f^timps pa'd
manner as in the case of other proceedings in the High
Court until other provision is made in that behalf by
the Lieutenant-Governor in Council.

38. To provide a fund for or towards the payment of the f ees Pay*bIe, .

, . . . , , ,i_ for each daylof

Mining Commissioners salary and other expenses, there trial. (
shall be further payable a sum which shall be determined
by the Mining Commissioner and mentioned in his decision
or report or in a subsequent report, not to exceed the
rate of twenty-five dollars a day for every full day a trial
or proceeding occupies, and which shall be paid by one or
other of the parties, or distributed between or among the
parties as the Mining Commissioner directs; the said sum
to be paid to the Clerk for the uses of the Province and to
be accounted for by him.

39. The Judges of the Supreme Court of Judicature for supreme court
Ontario, with the Mining Commissioner, as a Board, shall makenUes.
have the like authority to make general rules with respect

to proceedings before the Mining Commissioner and appeals
from him as the Judges have with respect to proceedings in
said Court under The Judicature Art; and sections 122 to
125 of The Judicature Act shall, with the necessary amend-
ments, apply thereto.

40. — (1) Subject to any such general rules the Mining Powers of
Commissioner shall have power, with the approval of the asto™uU's°and
Lieutenant-Governor in Council, tn frame rules regulating tariffs of costs,
the practice and procedure to be followed in all proceedings

before him under this Act, and also to frame tariffs of fees
in cases not governed by the High Court tariff of costs.

(2) Such rules and tariffs, whether made by the Board or
the Mining Commissioner, shall be published in the
Ontario Gazette and shall thereupon have the force of law;
and the same shall be laid before the Legislative Assembly
at its next session after promulgation thereof.

41. Until other provisions are made under the last two scale of costs
preceding sections the tariff of the County Court in all causes p^storf*
and matters wherein the amount in ouestion therein is ofmade.

the value of loss than $400 and of the High Court in all
onuses and matter wherein thf amount in questiou is. or in
th° opinion of the Mining Commissioner may be. of th^
value of $400 or over, shall be the tariff of costs and of fees
and disbursements for solicitors and officers under this Act,
and the Mining Commissioner shall have the powers of a
County Judge and of a Taxing Officer of the High Court

with

Chap. 11.

MINES.

6 Edw. vir

with respect to counsel fees, and may also allow further
counsel fees in case of a trial occupying more days than one.

Ex-officio Jus-
tices of the.
Peace.

42. The Mining Commissioner and every Inspector, and in
and for the Mining Division in which a Mining Recorder
is appointed such Mining Recorder, shall be ex-officio a
Justice of the Peace of the county or united counties, dis-
trict or districts which a Mining Division comprehends or
includes, in whole or in part, or in which or in any por-
tion of which a Mining Division lies; and it shall not be
necessary that he shall reside therein or possess any pro-
perty qualification whatever in order to enable him lawfully
to act as such Justice of the Peace. R.S.O., 1897, c. 36,
s. 23.

Appeals from Mining Commissioned to Divisional Court.

Appeal from 43. Where not herein otherwise provided, there shall be
toUMsfoma1 an appeal to a Divisional Court from every decision of the
Court. Mining Commissioner.

BUREAU OF MINES AND OFFICERS.

Deputy Minister.

Bureau of
Mines, —
Deputy
Minister.

44. The Bureau of Mines established in connection with
the Department, to aid in promoting the mining interests
of the Province, shall be continued, and the officer ap-
pointed by the Lieutenant-Governor in Council as provided
in The Public Lands Act, and known as the Deputy Minis-
ter of Mines, shall have charge thereof under the direction
of the Minister unless and until otherwise ordered, and
shall be paid such salary as shall be voted by the Legisla-
ture. R.S.O. 1897, c. 36, s. 14.

Power of

Deputy

Minister.

45. The Deputy Minister shall have all the powers, rights
and authority throughout the Province which an Inspector
or Mining Recorder has or may exercise in any Mining
Division, and such other powers, rights and authority for
the carrying into effect of the provisions of this Act as have
been or shall be assigned to him by regulation. R.S.O.
1897, c. 36, s. 15.

Word "Bureau1
not to be used
by mining
concerns.

Penalty.

46. No person, firm, syndicate or company conducting a
mining business of any sort or kind in the Province shall
use the term "Bureau" to describe the name or title under
which such business is carried on ; and every person con-
travening this provision shall, for every day upon which
such contravention occurs, or continues, or is repeated, in-
cur a fine of not more than $20 and costs, and in default

1906.

MINES.

Chap. 11 39

of payment of the fine and costs such person, any member
of such firm or syndicate, or any officer of such company,
may be imprisoned for a period not exceeding one month.
62 V. (2), c. 10, s. 2.

Provincial Geologist.

47. The Lieutenant-Governor in Council may appoint Appointment
an officer to be known by the official title of "Provincial Geologist.
Geologist," who shall be an officer of the Bureau of Mines,

and shall perform such duties as may be assigned to him
by this Act or any regulation and who shall be ex-officio
an Inspector.

Peovincial Assayer.

48. The Lieutenant-Governor in Council may appoint Appointment
an officer to be known by the official title of "Provincial Assayer!es °£
Assayer," who shall be an officer of the Bureau of Mines,

and shall perform such duties as may be assigned to him
by this Act, or any regulation.

Inspectors.

49. The Lieutenant-Governor maj appoint for the Pro- Appointment
vince or any part thereof an Inspector or Inspectors who i"SpeCutoress of
shall be officers of the Bureau of Mines, and who shall per-
form such duties as may be assigned to them by this Act

or any regulation. R.S.O. 1897, c. 36, s. 16 (1). Amended.

Powers and Duties of Inspector.

50. An Inspector under this Act shall have power to do powersof
all or any of the following things, namely : inspectors.

(1) To make such examination and inquiry as may be inquiries-as;to
necessary to ascertain whether the provisions of this Act wi"hPAc"ce
relating to matters either above or below ground are com-
plied with in the cake of any mine.

(2) To enter, inspect and examine any mine and every InSpection
portion thereof at all reasonable times by day or night,

but so as not to impede or obstruct the working of the
mine.

(3) To examine into and make inquiry respecting the Examination
state and condition of any mine, or any portion thereof, and as to matters
the ventilation of the mine, and all matters and things heaUhand
connected with or relating to the safety of the persons Imp'oyJes.
employed in or about the mine, or any mine contiguous
thereto, and to give notice to the owner or agent in writ-
ing of any particulars in which he considers such mine or

any portion thereof, or any matter, thing or practice to
be dangerous or defective, and to require the same to be

remedied

40 Chap. 11.

MINES.

6 Edw. VII

Stopping work
when mine
unsafe.

General powers
for protection
of miners.

Annual report.

remedied within the period of time named in such notice,
and unless the cause of danger is removed or such defect is
remedied within the time named the owner or agent shall
be guilty of an offence against this Act.

(4) To order the immediate cessation of work in and the
departure of all persons from any mine or portion thereof
which he considers unsafe, or to allow persons to continue
to work therein on such precautions being taken as he
deems necessary.

(5) To exercise such other powers as may be necessary
for ensuring the health and safety of miners and all other
persons employed in or about mines, smelters, metallurg-
ical and mining works. 60 V., c. 8, s. 27. .

(6) Every Inspector under this Act shall make an annual
report of his proceedings during the preceding year to the
Deputy Minister of Mines, which report shall be laid before
the Legislative Assembly, s. 29.

Mining Recorders; Their Duties and Powers.

Mining
Recorder.

51. The Lieutenant-Governor may, from time to time, for
each Mining Division, appoint a local officer to be known
as a "Mining Recorder," who shall be an officer of the
Bureau of Mines, to receive and record applications for
mining lands in the respective Divisions, and to carry
out the provisions of this Act as prescribed. R.S.O. 1897,
c. 36, ss. 16 (1), 17.

Powers of
Recorder.

52. Every Mining Eecorder shall, as to the Mining
Division for which he is appointed, and the Mining Com-
missioner, shall have power to settle summarily all disputes
between licensees as to the existence or forfeiture of mining
claims, and the extent and boundaries thereof, and as to the
use of water and access thereto, and generally to settle all
difficulties, matters or questions between licensees which
may arise under this Act; and the decision of such Mining
Recorder in all cases under this Act sjiall be final, except
as to decisions pronounced after the passing of this Act
where an appeal is made therefrom to the Mining Com-
missioner within fifteen days from the date of such
decision, and no case under this Act shall be removed into
any court by certiorari. 63 V., c. 13, s. 18.

constables may *>3- Every Mining Recorder appointed in and for a Mill-
be appointed \n„ Division under this Act may appoint any number of

by Recorder. * - , . , *r J

constables not exceeding four; and the persons so from
time to time appointed shall be and are hereby constituted
respectively constables and peace officers for the purposes
of this Act, for and during the terms and within the Min-
ing Divisions for which they are respectively appointed.
R.S.O. 1897, c. 36, s. 25.

54.

1906.

MINES.

Chap. 11 41

54. Constables and peace officers appointed by a Mining Fees of con-
Recorder under authority of this Act shall be paid suchsa,es
reasonable fees and expenses as may be contracted for by

the Mining Recorder, but sucli fees shall not exceed two
dollars per day for the time certified by such Mining Re-
corder.

55. Every Mining Recorder shall keep all necessary books ^°okst*nbde
for the recording of mining claims and other entries therein kepTby e
as may be prescribed by the Minister, and the record of any Recorder-
mining claim in a book in the Mining Recorder's office

shall be open to inspection by any person on payment of a
fee of 10 cents for each claim examined. He shall also
keep displayed in his office a map' or maps showing the ter-
ritory included in the Division, and shall mark thereon all
the claims as they are taken up and recorded, and also all
areas applied for under the provisions of this Act relat-
ing to working permits, and also all such areas, specially
distinguished, in respect of which a working permit has
been issued, and there shall be no charge for examining
the same. R.S.O. 1897, c. 36, s. 51 (1).

56. Every document filed in the Mining Recorder's office ^p'^.[0docu
shall, during office hours, be open to inspection by any one ments.

on payment of the proper fee as set forth in the schedule r.s. b.c.
hereto. c.i8,s.97.

57. Every copy of or extract of any entry in any of Evidence of
the said books, or of any documents filed in the Mining recor s'
Recorder's office, certified to be a true copy or extract by the
Mining Recorder, shall be received in any court as evidence r.s. b.c,
of the matters therein contained. 18,98-

58. The Mining Recorder shall forthwith enter in the 'i*^™}*1^
proper book in his office the particulars of every applica- entered,
tion for a claim presented by a licensee, and shall file the
application, sketch or plan and affidavit with the records

of his office, and if within sixty days of the date of the
recording of a mining claim staked out after the passage of
this Act, no dispute as to the rights of a licensee to the
claim by reason of prior discovery or otherwise, has been
lodged with the Mining Recorder, he may grant to the^ecr^*'ate ot
licensee a certificate of such record. Such certificate may
be according to the form No. 1 set forth in the schedule
hereto. R.S.O. 1S9T, s. 36. s. 51 (1), part.

59. Every licensee, by or on whose behalf an application Applicant for
is made to record the staking out of a mining claim, a toCproduce a
special mining claim or a working permit, shall, at tlw re0Co"detoabe
time of such application produce the miner's license of such endorsed
licensee to the Mining Recorder to whom such application

is made, and such Mining Recorder shall endorse and sign

up mi

42 Chap. 11.

MINES.

6 Edw. yii

Adjudication
of recorder as
to compliance
with Act.

Mining
recorder to
decide as to
work done on
claim.

Record of
decisions,—
notice to
licensee.

Licensee holder
of claim may
procure copy
of report of
inspection.

upon the back thereof a note in writing of each and every
such record made to such licensee, and no such record shall
be complete or effective unless and until such endorsement

is made and signed on such miner's license.

60. Any question or dispute as to non-cumpliance with
the provisions of this Act regarding a mining claim, prior
to the issue of a certificate of record of staking out, shall
be adjudicated on by the Mining llecorder of the Mining
Division within which the mining claim in question is situ-
ated, subject to appeal therefrom to the Mining Commis-
sioner, as in this Act provided.

61. The Mining Recorder is hereby aiithorized to decide
upon the sufficiency or insufficiency of the work herein
required to be performed by the licensee holder for the
time being of a mining claim, and if any such licensee be
not satisfied with the decision of the Mining Recorder he
may appeal from the decision of such Mining Recorder to
the Mining Commissioner.

62. The Mining Recorder shall enter in v±±e books of his
office a record of each decision made by him tinder auth-
ority of this Act in regard to a mining claim, and likewise
notify the licensee holder of such mining claim for the
time being by registered letter addressed post paid to such
licensee to his address appearing of record in the books of
such Mining Recorder.

63. The licensee holder, for the time being, of a mining
claim shall be entitled to receive from the Mining Re-
corder a certified copy of any report of inspection made
under the authority of 'this Act and recorded in the books
of such Mining Recorder.

decisfonof °f licensee holder, for the time being, of a mining

Recorder. claim shall be entitled to receive from a Mining Recorder
a certificate of any decision of the Mining Recorder auth-
orized by this Act relative to such mining claim, which
certificate shall contain the date of the record in the books
of the office of such Mining Eecorder of such decision.

Recorder to 65. — (1) The Mining Recorder shall have power to take
ta'keev'ldence evidence upon oath in any matter or dispute concerning a
subpoenas mining claim, working permit or prospecting permit situate
within the Mining Division for which he is appointed, and
subpoenas for the attendance of witnesses at any in-
vestigation or hearing authorized to be conducted by a
Mining Recorder hereunder, tested in the name of the Min-
ing Commissioner, may be issued by the Clerk of Records
and Writs, or by the Clerk of any County or District Court
in Ontario, on the written requisition of the Mining Re-
corder requiring same.

(2)

1906.

MINES.

Chap. 11 43

(2) The fees and conduct money to be paid to a witness witnesses,
subpoenaed under this Act shall be according to the scale

for the time being in force in County Courts.

(3) The Mining Recorder in deciding any dispute before Recorderto
him where the attendance of witnesses appears to him to be shall pay
necessary, may decide as to which of the parties interested Wltnesses-
shall pay the witness fees and conduct money of such wit-
nesses, and such decision shall be binding upon the parties
unless reversed by the Mining Commissioner in cases
where an appeal is provided, for.

66. Where, for the time being, there is no Mining Re- ^cancy in
corder for a Mining Division, the duties of the Mining Recorder.
Recorder shall devolve upon the Bureau of Mines, under

the direction of the Deputy Minister, and it shall at all
time be lawful for the Deputy Minister to perform the r.s.b.c,
duties of a Mining Recorder, and the Deputy Minister c' 18, s' 104"
shall have all the powers of a Mining Recorder.

Inspection of Claims.

67. The discovery of valuable mineral, the staking out 'di^ to
(including blazing or otherwise marking the lines of a min- covery and
ing claim, and the line from the discovery post to No. 1 w^PAct.ce
post), and the performance of work as herein required, shall

be subject to inspection by the Mining Recorder of the
Mining Division within which the mining claim in ques-
tion is situated, or by an Inspector appointed under this
Act, or by any other officer appointed for that purpose
by the Minister, at any time prior to the issue of the certifi-
cate of record of the staking out thereof by and when and as
ordered by any of them, and thereafter only by and when
and as ordered bv the Mining Commissioner.

68. Notice of the time of making any inspection authorized Notice'of in-
by this Act shall be given by the Mining Commissioner, ^nTcensee
or the Mining Recorder or any officer intending to makeholder-
such inspection to the licensee holder, for the time being,

of such mining claim, addressed by registered letter post
paid to the address of such licensee appearing for the time
being of record in the books of the Mining Recorder afore-
said.

69. The said notice shall be given not less than seven How notice to
clear days prior to the time so fixed for such inspection be glven'
unless a shorter time be agreed to by or on behalf of the
licensee. Provided that such notice may be given to such
licensee holder personally as well as by registered letter.

70. The report of each inspection authorized by this Act Record of
shall be made in writing by the officer making the in- gpectkm. ™"

spection'

44 Chap. 11.

MINES.

6 Edw. VII

spection, and be by him delivered to the Mining
Recorder of the Mining Division within which such
mining claim is situated, and shall be recorded at length by

such Mining Recorder in the books of his office.

andCdenUrSyof 71. The issue and delivery of a certificate of record of
certificate of any mining claim shall, in the absence of fraud
on the part of the licensee, be final and conclusive evidence
of the performance of all requirements of this Act, except
working conditions, in respect to such mining claim up to
that time, and such mining claim shall not, in the absence
of fraud on the part of the licensee, thereafter be subject
to forfeiture, except for breach or non-compliance with the
provisions of this Act in respect to work required by this
Act to be thereafter performed on such mining claim.

Extension of
time for com-
pliance with
working con-
ditions in case
of det.,th or
incapacity.

72. In case of death or incapacity from illness of the
licensee of a mining claim, special mining claim or work-
ing permit within the period during which working condi-
tions are by this Act required to be performed, a Mining
Recorder may, from time to time, extend the time for the
performance of such working conditions for such period as
he may deem reasonable, and the said Mining Recorder
shall forthwith record in the proper book in his office the
particulars of any and every extension made or granted
by him under authority of this section. R.S.O. 1897, c.
36, s. 2 (2).

Bureau of 73. In case no person has been appointed Mining Re-

Deputy^iinis- corder of any Mining Division, all applications shall be
RecOTde^ap"1'1 ma^? to, anQl the duties herein provided to be performed
pointed. by the Mining Recorder of such Mining Division shall be

performed by the Bureau of Mines, under the direction

of the Deputy Minister.

ArPEALS FROM RECORDER TO MlNING COMMISSIONER.

MmingCom ^nere n°t herein otherwise provided, there shall be

missioncr. an appeal to the Mining Commissioner from every decision
of a Mining Recorder.

Time for ap-
pealing.

Notice ( f
appeal.

75. No appeal .authorized by this Act from the decision
of a Mining Recorder to the Mining Commissioner shall be
allowed after the expiration of fifteen days from the record
of such decision by a Mining Recorder in ihe books of his
office, unless within that time the time for appeal is ex-
tended by the Mining Commissioner, and thereafter not
after the time limited by the Mining Commissioner there-
for. Notice of appeal shall be given by filing a copy there-
of in the office of the Mining Recorder and serving a copy
thereof upon all parties adversely interested therein.

Other

1906.

MINES.

Chap. 11 45

Otiikr Officers.

76. — (1) The Lieutenant-Gevernor may, from time to time, StJjySSE"
appoint such other officers and agents as may be neces- JJJg11*^ other
eary under the provisions of this Act, and such officers and

agents shall perform such duties as may be prescribed.
R.S.O. 1897, c. 36, s. 17, part.

(2) Notwithstanding anything in The Public So- rice A ct ofprofeSora!
the Minister may employ any professor, instructor, or other t*onai in^tu*'
person engaged in any educational or other institution for tj^te 'mineral
the purpose of investigating the mineral resources of the resources.
Province or for any work in connection with or arising under
this Act, and may pay him for such services at such rate as
may be agreed upon, out of any moneys appropriated for
such investigation or work by this Legislature.

77. No officer appointed under this Act shall directly or bfintere^edin
indirectly, by himself or by any partner or other person, crown lands or

. J' J J J tr r > mining claim«.

purchase or become interested m any Crown lands or min-
ing claims, and any such purchase or interest shall be void.
A violation of this section shall cause the forfeiture of the
office of any such officer, and he shall, in addition thereto,
be liable to a penalty of $500 for every such offence. Such Penalty,
penalty may be recovered in an action by any person who
sues for same. R.S.O. 1897, c. 36, s. 18.

78. No officer appointed under this Act shall be com- ^wYto'diT
pellable in any Court to disclose information acquired by dose informa-
him in his official position.

MINING DIVISIONS.

79. For the purposes of this Act the Province shall be ^.fsngn-
divided by Order-in-Council into Mining Divisions with Province to be
limits which may from time to time be extended, added to dmded int0i
or diminished, and from and after the publication in The
Ontario Gazette of an Order-in-Council declaring a tract

of country to be a Mining Division, the Mining Division
therein mentioned and described, except as otherwise herein
provided, and all mines and mining lands therein shall be
subject to the provisions of this Act and to the regulations
made thereunder. R.S.O. 1897, c. 36, s. 44.

80. Upon the establishment of a Mining Division and the ^order's
opening of a Mining Recorder's office therein, such office, proper place
except as otherwise provided, and none other, shall be the (°aims°arddlg
proper office for recording all claims, records, certificates, documents,
documents, or other instruments affecting unpatented

claims or mining property applied for after this Act
comes into operation, and any thing by this Act required
to be done at the office of the Mining Recorder shall, if
the same affects or concerns any claim, mine, or mining
property to which this section applies situated within a
Mining Division, be done at or in the office of the Mining
Recorder of the Mining Division wherein such claim, mine
or other mining property is situated.

Provided

46 Chap. 11.

MINES.

6 Edw. VII

After issue of Provided that as to all mining claims or mining property
patent or ieas,e . nave heretofore been patented or leased, or in respect

of which a patent is hereafter issued, the proper office for
recording all claims, records, certificates, documents or
other instruments shall be the Registry Office for the Re-
gistration Division or the Land Titles Office for the Land
Titles Division, as the case may be, within which such min-
ing claims or mining property are situated.

Mistake as to
office of record.

R.S.B.C.,
C. 18, S. 22.

81. If, through ignorance, a licensee shall record a min-
ing claim in a Mining Division other than that in which
such claim is situate, such error shall not affect his title to
such claim, but he shall, within fifteen days from the dis-
covery of such error, record such claim in the Mining Divi-
sion in which it is situate, and such new record shall bear
the date of the former record, and a note shall be made
thereon of the error and of the date of the rectification of
the same.

Minister to
furnish Re-
corder with
list of lands
patented or
leased.

82. On the passage of this Act the Minister shall furnish
to each Mining Recorder a list of all mining lands or min-
ing rights, as the case may be, in respect of which patents
or leases have been issued by the Crown within the territory
embraced in such Mining Division, and the same shall be
filed for reference in the office of such Mining Recorder.

Special Mining Divisions.

sp^ciai^ Mining 83. Where a locality is reported or shown to be specially
special claims, rich in ores or minerals, the Lieutenant-Governor by Order-
in-Council may proclaim the locality therein defined or
described to be a Special Mining Division, and thereafter
all the provisions of this Act applicable to mining claims
in Mining Divisions shall be applicable to mining claims
to be known as "special mining claims," in such special
Mining Division, but the area of special mining claims
shall not, except as hereafter provided, exceed twenty acres
in extent.

Licenses and License Holders.

required 84. No person, registered partnership or company shall

carry on in Ontario the business of mining or be entitled to
explore for mines and minerals in Ontario without first
taking out and thereafter continuing in force a miner's
license, under the provisions of this Act. 63 V., c. 13,
s. 4, 11.

issue of 85. On payment of the proper fee, according to the sche-

liccnse. dule of fees herein set forth, the Minister, Deputy Min-
ister or any Mininj? Recorder may issue te any person over,
but not under, 18 years of age, registered partnership or

company

1906.

MINES.

Chap. 11 47

company incorporated or licensed under the laws of Ontario
applying therefor, a license to be called a "Miner's
License," which shall be dated on the date of issue
thereof, and expire at midnight on the 31st day of MarcnTermoj
next after the said date. Such license shall not be trans- license,
ferable. R.S.O. 1897, c. 36, s. 45 (1).

86. All miners' licenses and prospectors' licenses hereto- Licenses here-
fore issued and unexpired shall remain in force until the
date of expiry therein referred to, and shall have the
same force and effect as miners' licenses issued under this
Act, but mining claims staked out by a licensee there-
under after this Act comes into operation shall be subject
in all respects to the provisions of this Act.

87. A licensee under 21 years of age shall, as regards his Licensees
or her mining property and liabilities contracted in con- "ne,— property
nection with any mining claim or mining property, be jjn(1 liabilities
deemed to be and be treated as of full age.

88. Every license shall be effectual throughout the Pro- g^^^e
vince, and shall be signed and issued by the Minister, the out Province-
Deputy Minister or by any Recorder, and shall be accord- Form of'
ing to form No. 2 in the appendix hereto. 63 V., c. 13, s.

5, part.

89. The individual members of a registered partnership License may be

i i i j • • . -t iii issued to part-

or shareholders m an incorporated company need not benershipor
holders of a miner's license in order to qualify to be mem- comPany-
bers of such partnership or shareholders of such company,
but the holding of a miner's license by the partnership or
company shall not entitle any individual partner, share-
holder, officer or employee thereof to the rights or privi-
leges of a licensee.

90. Every miner's license shall be numbered, and in ^J^fJjS?
addition, shall, m conjunction with the number, be let- licenses,
tered with a letter or letters of the alphabet which is or
have been prescribed by the Minister to indicate a Mining
Division in which same was issued.

91. Upon payment of the fee set forth in Ihe schedule Renewals,
hereto, and upon the production of the then existing
license, a licensee, whose license is in force, shall, upon
application therefor, before the expiration of the license,
or within ten days thereof, be entitled to a renewal of such
license. 11. S.O. 1897, e. 36, s. 45 (2).

92. A renewal of a miner's license may be in the form
(No. 3) set forth in the appendix hereto, and the fee for
the renewal of a miner's license shall be as set forfh in ihe
schedule of fees hereto.

93-

Chap. 11.

MINES.

6 Edw. VII

de^mctionor 93. If any miner's license be accidentally destroyed or
loss of license, lost, the owner thereof may, on payment of the fee set
out in Schedule to this Act, have a true copy of it, signed
rsbc ^v the Mining Recorder out of whose office the original
c.18,8.7. was issued. Every such copy shall be marked "substi-
tuted license," and unless some material irregularity
be shown in respect thereof, ever" original or substituted
miner's license shall be evidence of all matters therein
contained.

Not more than 94. Except as hereinbefore provided, no person, regis-

one license to , , , 1 • •• in i <•

be issued. tered partnership, or mining company snail apply for or
hold more than one miner's license in any one year or
between the 1st of April in one year and 31st March in the
next year. Any breach of this section shall be an offence
against this Act.

clerks or em- 95. Nothing herein contained shall be deemed to pro-
require license, vide that a clerk or employee, of a licensee, shall require
to be possessed of a miner's license in order to perform
clerical, manual or other services of like nature for a
licensee, not including carrying on the business of mining
or exploring for mines and minerals.

License to be 9g Every licensee shall produce and exhibit his license

produced and , J . . r . . . . ,

proof of valid- to the Inspector or Mining Recorder of the Division, and
ny furnished. prove ^0 ^e satisfaction of the person so demanding pro-
duction that it is in force, if further required by him to

to do. R.S.O. 1897, c. 36, s. 54.

License to date 97. Any person, registered partnership or mining com-
tiorftherefon pany qualified to be an applicant for a miner's license
applying at the Mining Recorder's office during his absence,
and leaving the fee required by this Act with the officer or
B.S.B.C. c. 18, other person in charge of the said office, shall be entitled
to have such license from the date of such application..

Crown Lands.

withdrawal of 98. The Lieutenant-Governor in Council may, at any
ing rights from time, and from time to time, by Order-in-Council, with-
andsaie!0" draw any lands or mining rights the property of the Crown
from exploration, location and sale, and set the same apart
pending the exploration thereof for the prospecting of
veins, lodes or other deposits of ores or minerals therein by
the use of a diamond drill, or otherwise, under direction of
the Minister, and any lands or mining rights heretofore
withdrawn by Order-in-Council shall remain withdrawn un-
til restored to exploration, location or sale, as provided in
section 09 hereof. R.S.O. 1897, c. 36. s. 33.

Re-opening 99. The Lieutenant -Governor in Council may re-open
pioration after for cxploral ion , location or sale as mining lands any Crown
withdrawal. Innds which may at any time have been withdrawn from

exploration

1906.

MINES.

Chap. 11 49

exploration or sale, either upon the terms and conditions
contained in this Act, or upon such other terms and condi-
tions as may be provided or authorized in that behalf by the
Legislature.

100. The Crown lands described as all that tract of land or Lands on Mon-
territory formerly known as the Lumsden and Booth tim- heretofore1'
ber limit now known as Gillies Brothers' timber limit, withdrawn,
lying on both sides of the Montreal River in the District
of Nipissing, containing one hundred square miles more or
less, which, by Order-in-Council, were heretofore withdrawn
from exploration for mines or minerals, and from sale,
lease or location, when re-opened for exploration, location
and sale may, or any part or parts thereof specially defined
may, be re-opened on such terms and conditions and at such
price per acre or otherwise as may be fixed by Order-in-
Council, and said Crown lands or any part or parts thereof
shall, notwithstanding any other provision in this Act con-
tained, be subject to such terms and conditions and such
price as is provided by the Order-in-Council re-opening the
same. E.S.O. 1897, c. 36, s. 9.

Provided that the Lieutenant-Governor in Council may proviso,
provide that the mines and minerals in said lands or any
part thereof may be worked by or on behalf of the Crown
under and pursuant to regulations which may be made by
the Lieutenant-Governor in Council, and in such case the
said mines and minerals may be worked by or on behalf of
the Crown as therein provided.

101. Crown lands which have been withdrawn by Order- Lands with-
in-Council from exploration or sale under authority of this b^expioredfor.
Act shall, until re-opened by Order-in-Council for explora- worked,
tion or sale, remain withdrawn therefrom, and shall not be
explored, occupied or worked except as provided by the
preceding section.

102. Except as in this Act provided, no person, registered ^tobe""**
partnership or company shall explore, occupy or work any explored, etc.,

. ,r cxcopt under

Crown lands for mines or minerals. Act.

103. Any person exploring, occupying or working any^^^^f"
Crown lands for mines or minerals otherwise than in out authority,
accordance with the provisions of this Act, or attempting

to do so, shall incur a penalty of $20 and costs, and, in
default of payment of the fine and costs, such person may
be imprisoned for any period not exceeding one month.
R.S.O. 1897, c. 36, s. 9.

104. No person, registered partnership or company, not ^w*n of
the holder of a miner's license, shall use or occupy any of serves.

the lands in a Crown Forest Reserve, or prospect for miner-
als or conduct mining operations therein, and no licensee
shall use or occupy any of the lands in a Crown Forest Re-
4 s. serve

50 Chap. 11.

MINES.

6 Edw. VII

serve or prospect for minerals or conduct mining operations
therein, except in accordance with regulations made under
The Forest Reserves Act and amendments thereto, and all
regulations heretofore made thereunder are hereby con-
linued in force until otherwise provided by the Lieuten-
ant-Governor in Council. 61 V., c. 10; 63 V., c. 12; 5
Edw. VII., c. 9, s. 1.

purposes.

Lease of lands 105. ^ny lease of lands in a Forest Reserve, permitting

In forest reserve .. J .. . , « , • i i °

for mining mining operations therein, may be tor such periods and on
such terms as may be provided by regulations made by the
Lieutenant-Governor in Council, but the lease of such lands

shall be for a period not longer than ten years with the
right to be renewed for ten-year periods. 62 Vic. (2), c.
10, s. 8; 5 Edw. VII., c. 9, s. 3.

Application of 106. Any regulations to be made under authority of this
ditions ofCorn Act applicable to Crown Forest Reserves shall provide that
claims toYeases *ne working conditions applicable to an ordinary mining
in forest claim in a Mining Division, shall be applicable to a min-
ing claim in a Forest Reserve, and that upon performance
of the said working conditions a lease thereof according to
the terms hereof, but not a patent, may be granted there-
for.

Mining Claims.

What lands 107. Crown lands containing valuable ores or minerals,
ou*yandSsoide<1 ana" mining rights in lands, the ores and minerals whereof
have been reserved by the Crown in the location, sale,
patent or lease of such lands, may be staked out and sold
as mining lands, to be called "mining claims," as herein
provided. R.S.O. 1897, c. 36, s. 10 (1), part.

Claims in

unsurveyed

territory.

108. Each mining claim, special mining claim, and area
of mining land included in a working permit in the unsur-
veyed territory shall be laid out with boundary lines run-
ning north and south and east and west astronomically,
and the measurements thereof shall be horizontal, and in
a township surveyed into lots shall be such part of one of
such lots as herein denned, and the ground included therein
shall be deemed to be bounded under the surface by lines
vertical to the horizon. R.S.O. 1897, e. 36, s. 50 (2).

Claims not to
be staked out
In town sites
or in railway
lands.

Proviso.

109. No mining claim shall be staked out or recorded on
any land included in or reserved or set apart as a town site
whether the same shall have been subdivided into town lots
or not, or upon any station grounds, switching grounds,
yard or right of way of any railway, or upon any coloniza-
tion or other road or road allowance, except by order of the
Minister. Provided that all mines and minerals of every
nature and kind in any lands which have been or may
hereafter be transferred by any Order-in-Council under

authority

1906.

MINES.

Chap. 11 51

authority of Chapter seven of the Acts of the Legislature
passed in the fourth year of the reign of His Majesty shall,
unless expressly reserved therein, be deemed to have been
and in the case of an Order-in-Council hereafter made, unless
therein otherwise expressly stated, shall be deemed to be
included as part of the said lands, and the said mines and
minerals and the said lands are hereby declared to be
exempt from the provisions of this section.

110. A mining claim in unsurveyed territory shall not Area of mining
exceed a square of twenty chains or 1,320 feet, containing unsurveyed
forty acres, but an irregular portion of land lying between terntory-
two or more claims may be staked out with boundaries co-
terminous thereto, provided that its area shall not exceed

forty acres.

111. In any township surveyed into sections of 640 acres in townships
or thereabouts where the sections have been subdivided into gectionsof"*0
quarter sections, or subdivisions containing 160 acres or 648 acres,
thereabouts, a mining claim shall consist of the northeast
quarter, the northwest quarter, the southeast quarter er

the southwest quarter of any such quarter section or sub-
division, containing forty acres, or thereabouts.

112. In any township surveyed into lots of 320 acres or Townships

, surveyed into

thereabouts, a mining claim shall consist of one or other lots of 320 acres,
of the following subdivisions of the lot, namely, the north-
west quarter of the north half, the northeast quarter of
the north half, the southwest quarter of the north half,
the southeast quarter of the north half, the northwest quar-
ter of the south half, the northeast quarter of the south
half, the southwest quarter of the south half, or the south-
east quarter of the south half, containing forty acres, or
thereabouts.

113. In any township surveyed into lots with single guryeyedPinto
fronts, containing 200 acres or thereabouts, or in any lots of 200 acres,
township surveyed into sections of 1,200 acres or 2,400

acres where the lots contain 200 acres or thereabouts, or
in any township surveyed into lots with double fronts,
containing 200 acres or thereabouts, a mining claim shall
consist of the northeast quarter, the southwest quarter,
the northwest quarter, or the southeast quarter of the lot,
containing fifty acres or thereabouts..

114. In any township surveyed into lots of 100 acres or Townships
thereabouts, a mining claim shall consist of the north woTcrelow'0
half, the south half, the east half, or the west half of the

lot, containing fifty acres or thereabouts.

115. Where mining locations the property of the Crown Mining loca-
in unsurveyed territory have been surveyed' in conf ormitv survlvedin °re
with the provisions of any Act of the Legislature into £rXyyed

blocks

Chap. 11.

MINES.

O illDW. VII

biocks of the following dimensions, namely, 20 chains
in length by 20 chains in width, 40 chains in length by 20
chains in width, 40 chains square, or 80 chains in length
by 40 chains in width, or thereabouts, and the plans %and
field notes of such locations are of record in the Depart-
ment, a mining claim staked out thereon shall be 20 chains
in length by 20 chains in width, and one claim shall com-
prise the whole of a location 20 chains square. A location
40 chains in length by 20 chains in width may be divided
into two mining claims by a line drawn through the centre
thereof parallel to one of the shorter boundaries. In the
case of a location 40 chains square a claim shall consist of
one or other of the following subdivisions : the northeast
quarter, the northwest quarter, the southeast quarter, or
the southwest quarter. In a location 80 chains in length
by 40 chains in width where the length of the location is
north and south, a claim shall consist of the northeast
quarter of the north half, the northwest quarter of the north
half, the southeast quarter of the north half, or the south-
west quarter of the north half; the northeast quarter of the
south half, the northwest quarter of the south half, the
southeast quarter of the south half, or the southwest quar-
ter of the south half. Where the length of the location is
east and west a claim shall consist of the northeast quarter
of the east half, the northwest quarter of the east half, the
southeast quarter of the east half, or the southwest quarter
of the east half; the northeast quarter of the west half, the
northwest quarter of the west half, the southeast quarter
of the west half, or the southwest quarter of the west half,
containing forty acres or thereabouts.

Irregular lots
in surveyed
townships.

116. In the case of surveyed townships containing lots
irregular in shape or size, fronting upon a lake, river or
road, a mining claim shall consist of 40 acres, or there-
abouts, with a uniform depth and width of 20 chains, and
one or more of its boundaries shall coincide with one or
more of the boundaries of the lot of which it forms a part.

Discovery of J 17. No licensee shall be deemed to have acquired any
mineral necess- right or claim under this Act or any regulations thereunder
claim. VaM *° a mining' claim unless a discovery of valuable mineral has
been made thereon by or on behalf of such licensee.

recorded.

Transfers not 118. No transfer of an unpatented mining claim staked
able unless06 out after this Act comes into operation or of any interest
in writing and therein shall be enforceable unless the same shall be in
writing, signed by the transferor, or his agent authorized
in that behalf, and recorded by the Mining Recorder.
Such transfer may be in the form No. 4 in the appendix
hereto. Where a transfer is signed by an agent the auth-
ority

1906.

MIXES.

Chap. 11

ority of such agent shall be recorded prior to such trans-
fer being recorded. (New.)

Surface Rights.

119. Where the surface rights in any lands have been H?^?,'1^01'
granted, sold, leased or located and a mining claim shall be surface rights,
staked out for any portion of the said lands, the licensee so
staking out shall compensate the owner, lessee or locatee of
the said surface rights for injury or damages which are or
may be caused to the surface rights, and in case the
licensee and such owner, lessee or locatee are unable to
agree upon the amount of compensation therefor or the
manner in which same shall be paid or secured, application
by any party interested may be made to the Mining Com-
missioner to ascertain, determine and prescribe the amount
of such compensation and the manner and time in which
the same shall be paid or secured, and the same shall there-
upon be ascertained, determined and prescribed by the Min-
ing Commissioner, or as he may direct, and when so ascer-
tained, determined or prescribed shall be final and binding
upon all parties interested. R.S.O. 1897, c. 36, s. 42 (1).

120. The Mining Recorder shall have power to reduce Reduction in

. ° . . . ,. areaot claim

the extent of any mining claim or special mining claim where surface
staked out where the surface rights have been granted, been soldi*
sold, leased or located, i# in his opinion an area less than
forty acres or twenty acres, as the case may be, is suffi-
cient for working the ores, minerals and mining rights
therein contained, and his decision in such case shall be
final.

121 No person shall have the right of entry as prospector Right of entry

, 1 ,, „ ■ n ? » j-i , /• p of prospectors

or explorer upon the surface rights of that portion of any limited,
lot used as a garden, orchard, vineyard, nursery, plantation
or pleasure ground, or upon which crops that may be dam-
aged by such entry are growing, or on which is situated
any spring, artificial reservoir, dam or water-works, or any
dwelling house, outhouse, manufactory, public building,
church or cemetery, except with the consent of the owner,
lessee or locatee, or the person in whom the legal estate
therein is vested, or by order of the Mining Commissioner.
R.S.O. 1897, c. 36, s. 43.

122. The Mining Recorder shall not grant a certificate compensation
of record of the staking out of a mining claim as provided Defore claim
in section 58, on any lands the surface rights of which have recor e
been granted, sold, leased or located, unless and until com-
pensation for injury or damage to the surface rights has
been paid or secured, as provided by section 119 hereof.

Special

54 Chap. 11.

MINES.

6 Edw. VII

Special Mining Claims.

c\atosfinpecial 123. In any township surveyed into sections of 640 acres,
townships or thereabouts, where the sections have been subdivided

surveyed into » • ■ ■ • •

sections of into quarter sections or subdivisions containing 160 acres
or thereabouts a special mining claim shall consist of
either of the west half or the east half of any of the follow-
ing, that is to say : The northeast quarter, the southeast
quarter, the northwest quarter, or the southwest quarter
of any quarter section or subdivision, and shall contain
twenty acres, or thereabouts.

in townships jn any township surveyed into lots of 320 acres or

surveyed into

lots of 320 thereabouts, a special mining claim shall consist of one or
other of the following subdivisions of the lot, namely, the
northeast quarter of the noriheast quarter, the northwest
quarter of the northed quarter, the southeast quarter of
the northeast quarter, or the southwest quarter of the
northeast quarter, or any like subdivisions of the south-
east quarter, the southwest quarter, or the northwest quar-
ter of the said lot, containing twenty acres, or thereabouts.

in townships 125. In any township surveyed into lots with single

surveved into •

lots of 200 fronts containing 200 acres or thereabouts, or in any town-
ship surveyed into sections of 1,200 acres or 2,400 acres
where the lots contain 200 acres or thereabouts, or in any
township surveyed into lots with*double fronts containing
200 acres or thereabouts, a special mining claim shall,
where the side lines of the lots run northerly and south-
erly, consist of one or other of the following subdivisions
of the lot, namely, the northeast quarter of the north
half, the southeast quarter of the north half, the north-
west quarter of the north half, the southwest quarter of
the north half, the northeast quarter of the south half, the
northwest quarter of the south half, the southwest quarter
of the south half, or the southeast quarter of the south
half, containing twenty-five acres or thereabouts; and
where the side lines of the lots run easterly and westerly,
a special mining claim shall consist of the northeast quar-
ter of the east half, the northwest quarter of the east half,
the southeast quarter of the east half, the southwest quar-
ter of the east half, the northeast quarter of the west half,
the northwest quarter of the west half, the southeast quar-
ter of the west half, or the southwest quarter of the west
half, containing twenty acres or thereabouts.

Iii townships 126. In any township surveyed into lots of 100 acres or
ioteVofyiooWlth thereabouts, a special mining claim shall consist of the
acres. northeast quarter, the southeast quarter, the northwest

quarter, or the southwest quarter of the lot, containing

twenty-five acres or thereabouts.

127

1906. mines. Chap. 11 55

127. A special mining claim in unsurveyed territory in unsurveyed
shall be rectangular in form, and shall be laid out with terntor>
boundary lines running north and south and east and west
astronomically, and shall have a length from north to

south not exceeding twenty chains, or 1,320 feet, and a
width from east to west of ten chains or 660 feet, contain-
ing twenty acres, or thereabouts.

128. Where mining locations the property of the Crown ^"1."^.°^'
■ iu unsurveyed territory have heretofore been surveyed in fore surveyed

conformity with the provisions of any Act of the Legis- terrYtory.veyed
lature into blocks of the following dimensions, namely,
20 chains in length by 20 chains in width, 40 chains in
length by 20 chains in width, 40 chains square, or 80 chains
in length by 40 chains in width, or thereabouts, and the
plans and -field notes of such locations are of record in the
Department, a special mining claim staked out thereon
shall consist of the east half or the west half of a loca-
tion 20 chains square, containing 20 acres or thereabouts^
or the northeast quarter, the southeast quarter, the north-
west quarter, or the southwest quarter of a location 40
chains in length by 20 chains in width, containing 20
acres or thereabouts ; or the west half or the east half
of any of the following subdivisions of a location 40 chains
square, namely, the northeast quarter, the northwest
quarter, the southeast quarter, or the southwest quarter,
containing 20 acres or thereabouts; or of the north-
east quarter of the northeast quarter, the northwest
quarter of the northeast quarter, the southeast quarter of
the northeast quarter, or the southwest quarter of the
northeast quarter, or any like subdivision of the southeast
quarter, the southwest quarter, or the northwest quarter
of a location 80 chains in length 40 chains in width,
containing 20 acres more or less, or where the length of
such location is east and west, a special mining claim shall
consist of the east half or west half of the northeast quar-
ter of the east half, the east half or west half of the south-
east quarter of the east half, the east half or west half
of the northwest quarter of the east half, or the east half
or west half of the southwest quarter of the east half, or
of a corresponding subdivision of the west half of the
said location, containing 20 acres or thereabouts.

129. All the provisions of this Act applicable to mining Application of
claims shall be deemed to be applicable also to special vTS'to™"
mining claims, except where otherwise expressly stated, special claims-
and also where a particular provision or part thereof is
manifestly inapplicable.

Mining Claims on Lands under Timber License.

130. Except as is herein otherwise provided, it shall bf Licensee may
lawful for the holder of a miner's license to prospect for 1Prof;i»l'l't y

i it i ■ . i i . lands under

minerals on any Crown lands under timber license, except timber license.

where

Chap. 11.

MINES.

6 Edw. VII

Timber licen-
see to be noti-
fied of applica-
tion to record
claim.

wliere such lands have been withdrawn from exploration,
location or sale by any Act of the Legislature or Order-in-
Council, subject to the following conditions :

(1) In the event of the discovery of valuable mineral on
any Crown lands under license for pine timber, or for pine
and other timber, the mining licensee may stake out a min-
ing claim thereon and apply to have the said mining
claim recorded in the office of the Mining Recorder of
the Mining Division wherein the same is situated, and it
shall be the duty of the Mining Recorder withiii . three
days of the application for record of the staking out of
the mining claim thereon, to notify the Minister thereof,
and the Minister shall thereupon notify the timber licensee
thereof.

Operations to (2) The provisions of this Act in reference to mining
untifiilnfster °Perations on a mining claim so staked out upon Crown
decides lands included in a timber license shall be suspended until
miiiingmay be it has been decided by the Minister whether mining opera-
?im'ited °n °" tions or the performance of working conditions shall be
permitted to be carried on on such mining claim, and the
date on which the working conditions shall become opera-
tive and obligatory shall be the date fixed by the Minister
on which the same shall be begun, of which date due noti-
fication shall be given to the Recorder and mining licensee.

(3) It shall be lawful for the Minister to permit mining
operations upon such mining claim to be carried on, sub-
ject to such restrictions and limitations as in his judgment
may be necessary to protect the interest of the Crown and
other parties interested therein, and the Lieutenant-Gover-
nor in Council may, from time to time, and subject to the
provisions of subsection 3 of section 7 hereof, make regula-
tions regarding the carrying on of mining operations on
mining claims on Crown lands for the time being under tim-
ber license.

Minister may
permit opera-
tions, subject
to conditions.

Regulations to (4) Any regulations made under authoritv of _ this sec-
provide for tion shall provide for the payment to the timber licensee of
the value of any pine timber cut or damaged upon such min-
ing claim, and any dispute between the mining licensee and
the timber licensee in respect of the quantity or value there-
of, or otherwise, shall be disposed of by the Minister, whose
decision in regard thereto shall be final.

payment of
value of pine
timber cut.

Staking out and Holding Mining Claims.

wher li n ^-ny Person' registered partnership, or mining corn-

may prospect pany at the time duly holding a miner's license, may,
for minerals. excepf ag herein provided, and subject thereto, prospect

for mines or minerals :

(a) on any Crown lands surveyed or unsurveyed ;

b Edw. VI 1

MINES.

Chap. 11

(b) on any lands the mines, minerals or mining rights
whereof have been reserved by the Crown in
the location, sale, patent or lease of such lands ;
provided that same are not, for the time being, staked out
and occupied as a mining claim, or a special mining claim,
or are under working permit, or are withdrawn by any
Act of the Legislature or Order-in-Council, from explora-
tion, location or sale.

132. A licensee who discovers valuable mineral in place where licensee

it i -j^ii ix- i_ • J .1 may stake out

or a bed or deposit of gold- or platmum-bearmg sand, earth, claim,
clay or gravel, or upon whose behalf valuable mineral in
place or bed or deposit of gold- or platinum-bearing sand,
earth, clay or gravel has been discovered by a licensee shall
have the right to stake out thereon a mining claim, provid-
ing that it is on Crown lands not withdrawn from location
or exploration, and is not included in a claim staked out by
another licensee, or on lands the mines, minerals and min-
ing rights whereof have been reserved by the Crown,
and he shall have the right to ■ work the same and
transfer the interest therein of a licensee to another
licensee, and in case the surface rights have been granted,
leased or located by the Crown the licensee must proceed
as provided in section 119 of this Act. R.S.O. 1897, c. 36,
s. 47.

Nothing herein contained shall be deemed to authorize

• Persons not

any person not a licensee to prospect or stake out a mining licensees,
claim, a special mining claim, or an area of mining land
for a working permit or prospecting permit on behalf of any
registered partnership or mining company.

133. A mining claim may be staked ©ut by planting a Modeofstak.
discovery post of wood or iron (on which is written or placed ing out.
the name of the licensee making the discovery, the number

of the license and the date of his discovery, and, if the dis-
covery is made on behalf of another licensee, then also the
name of such other licensee and the number of his license),
upon an out-cropping or showing of ore or mineral in place
or upon the surface over some part of a bed or deposit of
gold- or platinum-bearing sand, earth, clay or gravel with-
in the boundaries of a claim, and by planting at each of
the four corners of the claim a ^ost of wood or iron in the
order following, viz. : No. 1 at the northeast corner, No.
2 at the southeast corner, No. 3 at the southwest corner,
and No. 4 at the northwest corner, the number in each case
to be on the side of the post towards the post which fol-
lows it in the order in which they are named. The like
particulars as are herein required to be written or placed
on the discovery post shall also be written or placed on
No. 1 post, and if the claim is situate in a township sur-
veyed into lots, there shall, in addition, be plainly written

58 Chap. 11.

MINES.

6 Edw. VII

or placed on No. 1 post the subdivision or part of the lot
comprised, or intended to be comprised, in the claim.
See E.S.O. 1897, c. 36, s. 48 (1).

Blazed doe

Bl&zed line

Fig No I.

claim' where n iSi. If one or more corners of a claim fall in any situa-
is impraetic- tion where the nature or conformation of the ground ren-

able to mark all i ,1 j< ±_ j_ • ±- i l i

four corners, ders the planting of a post or posts impracticable, such
corner or corners may be indicated by placing at the near-
est suitable point a witness post, which, in that case, shall
contain the same marks as those prescribed herein for corner
posts, together with the letters "W.P.," and an indication
of the bearing and distance of the site of the true corner
from such witness post. See R.S.O. 1897, c. 36, s. 48
part.

Blazed line

135

Fig No2.

1906.

MINES.

Chap. 11

135. Where there are standing trees upon a mining claim Blazing line,?
so staked out the licensee shall blaze the trees, on two Bides aisooveVpost.
only, and cut the underbrush along the boundary lines of «nd ciearingijsi

. . . boundaries.

the claim, and also blaze a line from No. 1 post to discovery
post, and shall mark plainly on No. 1 post the distance to
the discovery post, and also the subdivision of the lot
covered by the claim where the same is in surveyed terri-
tory. 61 Y. c. 11, s. 4.

136. Where there are no standing trees the licensee shall p'^g'ts where
clearly indicate the outlines of a claim, and also a line from impossible to
No. 1 post to discovery post by planting durable pickets blazeline'
(not less than five feet in height) thereon (at intervals of

not more than two chains) or by erecting thereon (at in-
tervals of not more than two chains), monuments of earth
and rock not less than two feet in diameter at the base, and
at least two feet high, so that the lines may be distinctly
seen.

137. Substantial compliance as nearly as circumstances substantial
will reasonably permit with the provisions of this Act re- ^n^'reguia-
garding the staking out of mining claims shall satisfy the tions-
requirements of this Act.

138. An irregular portion of land lying between two or irregular por-
more claims may be staked out with outlines coterminous *io.nsof 1?nd

, '-iiii i j between two or

thereto, provided that the area thereof shall not exceed more claims,
forty acres, or thereabouts.

139. No more than three claims may be staked out and Licensee not to
recorded by or for any licensee in any Mining Division ?han three1016
during the period covered by a license year. Hcenseyear6

140. The application of a licensee for a record of the stak- fe°™^*^n~
ing out of a mining claim shall not be deemed to confer daim recorded
any right whatsoever upon the licensee until such time as^,^61"1 cate
the staking out of the said mining claim shall have been
recorded with the Mining Recorder, and a certificate of

such record issued and delivered by the Mining Recorder
to the licensee or some person on behalf of the licensee.

WORKING PERMIT.

141. A licensee desirinsr to obtain the exclusive posses- obtaining ex-
sion of an area of mining land at the time open f or coloration.' °f
exploration and sale, whether Crown lands or lands
the mines, minerals or mining rights of which have been
reserved to the Crown in the location, sale, lease or patent
thereof, for the purpose of prospecting the same with a
view to discovering valuable mineral thereon, may (except
as to land which at the time this Act comes into operation,

Chap. 11.

MINES.

6 Edw. VII

or within one month thereafter, is being prospected or
worked, as in the proviso hereto hereinafter contained) do so
by proceeding in the following manner :

Imuidaries' ^' staking and marking out the boundaries thereof
by planting at each of the four corners thereof a post of
wood or iron in the order following, viz. : No. 1 post at the
northeast corner, No. 2 post at the southeast corner, No.
3 post at the southwest corner, and No. 4 post at the north-
west corner, the number in each case to be on that side of
the post towards the post which follows it in the order in
which they are named.

-witness post." 2. If one or more corners of the claim fall in any situa-
tion where the nature or conformation of the ground renders
the planting of a post or posts impracticable, such corner
or corners may be indicated by placing at the nearest suit-
able point a "witness post," which in that case shall con-
tain the same marks as those described herein for corner
posts, together with the letters "W. P." and an indication
of the bearing and distance of the site of the true corner
from such witness post.

Marking posts 3. At the time of the planting of the said posts the licen-
see, by whom the area is so staked, shall plainly write or
place on No. 1 post the name of such licensee, and in case
such staking out is on behalf of some other licensee then
also the name of the licensee on whose behalf the staking
out is done, together with the number of the license of
such licensees, respectively, and the date of the planting
of such posts.

Blazing trees 4. Where there are standing trees upon the area so
boundary Sines, staked out the licensee shall blaze the trees (upon two sides

only) and cut the underbrush along the boundary lines of

the area.

planting pick- 5 "Where there are no standing trees the licensee shall

ets where there °,, , . » tvt 1

are no trees. mark the outlines of the area, and also a line trom l»o. l
post to No. 2 post, by planting durable pickets (not less
than five feet in height) thereon (at intervals of not more
than four chains) or by erecting thereon (at intervals of
not more than four chains) monuments of earth or rock not
less than two feet in diameter at the base and at least two
feet high so that the line may be distinctly seen.

Marking and 6. Upon No. 1 post there shall be written the words
notching no. 1 -Working permit applied for," and said No. 1 post shall
be further indicated by notching the same with three rings
of notches not less than a quarter of an inch deep and not
less than two inches apart, beginning at a distance of not
less than two nor more than three inches from the top of the
post.

Trenching 7. The situation of the No. 1 post shall be further indi-
cated by. trenching to a depth of not less than six inches

for

1906.

MINES.

Chap. 11

for a distance of not less than six feet along the course of
the boundary line between No. 1 post and No. 2 post, and
by trenching to a depth of not less than six inches for a dis-
tance of not less than six feet along the course of the boun-
dary line between No. 1 post and No. 4 post.

8. If the area is situated in surveyed territory the licen- where area is
see shall also indicate on No. 1 post the portion of the town- territory,
ship lot upon which the area is situated in accordance with

the provisions of section 133 of this Act.

9. The area to be included in a working permit situated £™&£feacre_
in a Mining Division shall not, except where herein other- ^£5^ in
wise provided, exceed 40 acres in extent, or, where situ- permit,
ated in a special Mining Division, 20 acres in extent.

10. By furnishing to the proper Mining Recorder an Licensee to tile
application in writing (in duplicate) therefor, accompanied map or pKn'
by a map or plan (in duplicate) thereof, indicating gener-
ally and as definitely as possible the location of the said

area by reference to some ascertained boundary or locality.

11. By furnishing to the proper Mining Recorder under compliance
oath, within fifteen days thereafter, satisfactory proof of

tions to be

the planting of the said posts and their distances from each oafhfiedby
other in feet, together with an application in writing,
which may be according to the form No. 5 in the schedule
hereto, accompanied by proof, under oath, of the name of
the licensee interested and the number of his license, the
name of the licensee by whom the area was staked out, and
the number of his license, the locality of the area as indi-
cated by some general description or statement, and such
other information as will enable the Mining Recorder to
lay down the area on his office maps, the time when the
said posts were planted, and the area staked out, and evi-
dence, on oath, that the land at the time of its being staked
out was not in occupation or possession of, or being pros-
pected for minerals by any other licensee, and that the
deponent has no knowledge and had never heard of any
adverse claim by reason of prior discovery or otherwise.
The affidavit under this section mentioned may be accord-
ing, to the form No. 6 in the appendix hereto.

In case the area is situated more than ten miles in Additional
a straight line from the office of the Mining Recorder, an '^Jiing.
additional day shall be allowed for recording such staking
out for each additional ten miles or fraction thereof.

12. By procuring from such Mining Recorder a certifi- certificate of
cate (which may be according to the form No. 7 in the beaffixedu)0
appendix hereto) of the said application, and nailing or No- 1 p**4-
otherwise securely affixing the same to No. 1 poet on the
said area within three days after the granting of the said
certificate, and if the area is more than ten miles in a
straight line from the office of the Mining Recorder, one

additional

Chap. 11

MINES.

6 Edw. VII

Procuring

working

permit.

Proviso as to
work in
progress-

Proviso as to
preference
among differ-
ent licensees.

additional day shall be allowed for each additional ten
miles or fraction thereof.

13. By procuring from the said Mining Recorder, after
sixty days from the staking out of the area and within
seventy days therefrom, a working permit in the form No.
8 in the appendix hereto.

Provided that if, when this Act comes into operation,
or within one month thereafter, any person (who is, or
within the said period of one month, becomes, a licensee)
.is then at work prospecting and working upon any such
lands in drilling, trenching, digging or excavating the
same, no other licensee who has not made a discovery of
valuable mineral thereon, shall be entitled, during that
time, to stake out any portion of such lands, if in unsur-
veyed territory, nearer than 10 chains to any such drill,
trench or excavation, or apply for a working permit there-
of, or if in surveyed territory, to stake out an area which
would include any part of the lot sub-division, upon which
such person or licensee is then engaged in drilling, trench-
ing, digging or excavating.

Provided further, that if more than one such person or
licensee is, at the time this Act comes into operation, at
work prospecting or working as aforesaid, upon any such
area, preference shall be given to such one applying for a
working permit, within said period of thirty days, as first
began and continuously remained, at such work, on the
said area.

rTghh^sVranteCd "Where the surface rights of any land have been

compensation patented, sold, leased or located, and the mines, minerals
owner30* e l° or mining rights thereof have been reserved to the Crown,
no working permit shall be issued unless and until the
applicant therefor has filed evidence to the satisfaction of
the Mining Recorder, that he has arranged with the owner
of the surface rights for compensation for injury or dam-
age thereto, or failing such arrangement, that such com-
pensation has been ascertained, and paid or secured, in man-
ner provided in section 119 hereof.

143. Sections 107 to 140 and section 161 of this Act, so
modified as may be necessary, shall be applicable as far as
circumstances will admit, to every application for a work-
ing permit. <

144. The licensee applicant for a working permit shall
privi-not be entitled to any exclusive or other privileges with

! permit, regard to the area applied for prior to the issuance to such
licensee of the working permit referred to.

Application of
sections.

Licensee not
entitled to
exclusive .
leges be'ore

Application not 145. The area referred to in the application for a work-
ing permit, and every part thereof, may be prospected for
mit issued. minerals and if a discovery of valuable mineral is made

thereon

1906.

MINES.

Chap. 11 63

thereon, may be staked out as a mining claim by any
licensee at any time until a working permit has been
granted by a Mining Recorder, and the applicant for the
working permit shall be entitled to exclusive possession
thereof only after the working permit shall have
been issued, and notice thereof in such form as may be
prescribed shall have been affixed by or on behalf of the
applicant therefor to No. 1 post on said area.

116. It shall be the duty of every Mining Recorder to N°tf0cn^bpepli-
post up in his office notice of all applications for working posted up.
permits in the form No. 9 in the appendix hereto.

Working Conditions on Working Permit

117. — (1) A licensee to whom a working permit of an
area has been granted shall perform thereon work which
shall consist of searching for minerals by sinking a shaft
or shafts, pit or pits, by digging trenches, making cross-
cuts, boring by diamond or other drills, or other bona fide
operations of a like kind to the extent of not less than
eight hours per day for five days in each week during the
six months next following two weeks after the issuance of
such working permit. Provided the licensee may at his
option perform an equal amount of such work in a less ro
period of time

(2) The construction of houses, roads or other like Houses.t ™ac<^
improvements shall not constitute work within the mean- stnute " work."
ing of this section.

118. The provisions of this Act relating to the forfei- Forfeiture lor
ture of a mining claim for default in performance of work
thereon, shall as nearly as possible, according to the cir-
cumstances of the case, be applicable to the area defined

in a working permit.

119. In the event of any dispute arising as to whether a Disputes as to
licensee holder of a working permit, has in fact complied w^workfng
with the provisions of this Act necessary to entitle such conditions,
licensee to exclusive possession of said area, the Mining
Recorder may notify the licensee holder of said working

permit of such dispute, and fix a time which will admit of
seven clear days' notice to such licensee of the hearing of
said dispute proved to the satisfaction of the Mining
Recorder, and shall then summarily decide said dispute
at his office or such other place as he may fix for that pur-
pose, and the decision of said dispute by a Mining Recorder
shall be final and not subject to any appeal, and if the
decision of the Mining Recorder is to the effect that the
working permit has lapsed or become forfeited for failure
to comply with any of the provisions of this Act, the said
area shall forthwith thereupon become open for applica-
tion

Chap. 11.

MINES.

6 Edw. VII

tion by any licensee for a working permit, or for staking
out as a Mining claim, as the case may be, in the same way
as if no application therefor had previously been made or
working permit thereof previously issued.

fr°Viisoifr Provided that service of notice upon the licensee holder
notice upon of the working permit may be effectually made by serving
rngdpermiTork' same upon him personally wherever he may be, or if he is
not upon or in the neighborhood of the area defined in the
working permit, then by serving the same upon any grown-
up person in the employ of such licensee upon or in the
neighborhood of said area, or if there is no such person
then by affixing the notice to No. 1 post on said area. The
notice herein referred to may be in the form (No. 10) in the
schedule hereto.

Rights of hold- 150. Subject to the performance by the licensee holder
permit on com- of a working permit of all the provisions of this Act relat-
conditionsh to a working permit, the said licensee shall be entitled

for the period of six months next after the date of the issu-
ance of such working permit, less the interval of time elaps-
ing between such issuance and the posting of notice thereof
on No. 1 post of such area, and the renewal thereof (if
any), to exclusive possession of the area defined in said
working permit, and said area shall not during that time
be open to be staked out by any other licensee for any pur-
pose whatever.

Assignment of 151. The licensee holder of a working permit may, sub-
working per- jecj. the consent of the Mining Recorder endorsed there-
on, transfer by assignment in the form (No. 11) in the
appendix hereto, all his rights in the said area and work-
ing permit, and upon said transfer being recorded in the
office of the Mining Recorder aforesaid, the licensee to
whom the same is transferred shall thereupon be entitled
to the unexpired term of the working permit together with
any right of renewal thereof hereby authorized.

Renewal 152. It shall be lawful for a Mining Recorder to grant

to a licensee holder for the time being of a working per-
mit, one renewal thereof for a period of six months subject
to the performance of work of the like nature as is here-
inbefore specified. Such renewal may be according to form
No. 12 in the appendix hereto.

berno\0w"Uk"n ^° ^censee RhaU ^e entitled to apply for or hold

permHsTfTbe"8 more than three working permits for any one Mining Divi-
yo'.'.r m any sion in any year between the first day of April and the
thirty-first day of March next thereafter.

tjiMwithfn 1M- In computing the time in which work is required
which work to to be performed by this Act upon the area included in a
working permit, the period of time extending from the

fifteenth

1906.

MINES.

Chap. 11 65

fifteenth day of November in one year to the fifteenth day
of April in the succeeding year, shall be deemed to be
excluded, as shall also the time or times so stated by any
Order-in-Council or regulations made under or by authority
of this Act, but no application for a working permit shall
be receivable by any Mining Recorder during the said period
or periods.

Water Powers on Mining Claims.

155. A valuable water power lying within the limits of p0awersnat in"
a claim shall not be deemed to be part of the claim for the eluded in
uses of the licensee. A road allowance of one chain in am'
width shall be reserved on both sides of the water together

with such additional area of land as in the opinion of the
Mining Recorder of the Division in which same is situated
may be necessary for the development and utilization of
such water power. A water power under this section
referred to shall be deemed to be a valuable water power,
if the same at low water mark, in its natural condition, is
capable of producing 150 horse power or upwards. R.S.O.
1897, c. 36, s. 50 (3).

Recording Mining Claims.

156. Every licensee who has staked out a mining claim, Filing-p]an and
or upon whose behalf a mining claim has been staked out, application for
shall, within fifteen days thereof, except as by the next 0 aim'
section provided, furnish under oath to the Mining Re-
corder of the Division wherein same is situated an outline

sketch or plan thereof showing the discovery post and cor-
ner posts, and the witness posts (if any) and their distance
from each other in feet, together with an application there-
for in writing setting forth, under oath, the name of the
licensee interested and the number of his license, the name
(if any) of the claim, and its locality as indicated by some
genera] description or statement, and such other informa-
tion as will enable the Mining Recorder to lay down the
claim on his office maps, or, if in a surveyed township, shall
indicate the portion of the lot of which it forms a part, the
length of the outlines, if for any reason they are not regu-
lar, and the nature of such reason, the situation of the dis-
covery post as indicated by distance and direction from No.
1 post, the time when discovery of valuable mineral in place
or a bed or deposit of gold or platinum-bearing sand, earth,
clay or gravel was made and when the claim was staked
out, and the date of the said application. The application
in this section referred to may be according to form No. 13
in the appendix hereto, and the fee payable on filing the
same with the Mining Recorder shall be as provided in the
schedule hereto.

Provided that if a licensee claims to be entitled to a free Proviso,
grant of a mining claim or special mining claim under sec-
5 s. tion

66 Chap. 11.

MINES.

6 Edw. VII

tion 170, lie shall, in addition to the application to record
the staking out thereof, make application for said free
grant, which may be according to form No. 15 in the
appendix hereto. R.S.O. 1897, c. 36, s. 51 (1), 'part.

Affidavit shew-
ing discovery
of valuable
mineral.

Proviso.

157. The licensee in the preceding section named shall
accompany the said sketch or plan and notes with the affi-
davit of the discovering licensee, showing the discovery of
valuable mineral (which shall be specified), bed or deposit
of gold or platinum-bearing sand, earth, clay or gravel upon
the claim by such licensee on his own behalf or on behalf
of another licensee, and that the deponent has no know-
ledge, and has never heard of any adverse claim by reason
of prior discovery or otherwise. The affidavit shall also
state the locality of the claim as indicated by some general
description or statement, and may be according to the form
No. 14 in the appendix hereto.

Provided that an applicant for a free grant of a mining
claim or special mining claim under section 170 shall file
an affidavit proving his right thereto, which affidavit may
be according to form No. 16 in the appendix hereto.

tlme1forIrecord- . 158. In case the claim is situated more than ten miles in
ingdaim.g— a straight line from the office of the Mining Recorder, an

additional one day shall be allowed for recording for each

additional ten miles or fraction thereof.

Recorder noTio 159. There shall not be entered on the record or be receiv-
ciaimd any abla kv any Mining Recorder any notice of any trust,
"in trust." express, implied or constructive, relating to any un-
patented mining claim, or special mining claim, or
to any working permit or prospecting permit, or
the areas therein described. Describing a licensee,
owner or holder of a mining claim for the time being, as a
trustee, whether the beneficiary or object of the trust is men-
tioned or not, shall not impose upon any person dealing
with such owner or holder, the duty of making any enquiry
as to the power of the owner or holder thereof for the timo
being, but such owner or holder may deal with the claim
or working permit as if such description had not been
inserted.

Proviso. Provided that nothing herein contained shall relieve the

recorded holder or owner thereof who is in fact a trustee
thereof or of any part or share thereof or therein, from
liability at law as between himself or herself as the case
may be, and any person, partnership or corporation for
whom he or she is a trustee, but such liability as between
said parties shall continue in the same wav and to the
same extent as if this section had not been enacted.
R.S.O. 1897, c. 138, s. 103.

Working

1906.

MINES.

Chap. 11 67

Working Conditions on Mining Claim.

160. — (1) A licensee who has staked out a mining claim working
under the provisions of this Act shall, during the three during°firat
months immediately following the recording of the samethreemonths-
in the office of the Mining Recorder, perform thereon

work, which shall consist of stripping or in opening up
mines, in sinking shafts or other actual mining operations,
to the extent of not less than eight hours per day for thirty
days.

(2) The construction of houses, roads or other like im- ^"not™**18'
provements shall not constitute "actual mining operations" constitute
within the meaning of this section.

(3) A licensee who has staked out a mining claim under JJ^^fof first5
the provisions of this Act shall, during each of the three ami second
years following the expiration of three months from the'lMrs'
record by or on behalf of such licensee of the staking there-
of, perform thereon work, as in the first subsection hereof
provided, as follows :

(a) During each of the first and second of such three

years to the extent of not less than eight hours
per day for sixty days.

(b) During the third of such three years' work thereon Third year.

to the extent of not less than eight hours per
day for ninety days.

(4) The work herein required to be performed upon a work maybe
mining claim may be performed by the original licensee or naTiicTnseior
any other licensee who has derived title from or through aSiisn-
such original or any subsequent licensee. Provided that

the work herein required to be performed on a mining
claim may be completed, at the option of the licensee there-
of, in a less period of time than herein specified. Provided Proviso,
also that if more work is performed by or on behalf of a
licensee on a mining claim than is herein required during
the first three months or any subsequent year, such excess
of work upon due proof of the same having been performed proviso.
shall be credited by the Mining Recorder as against the
work required to be performed during the next or anv sub-
sequent year. R.S.O. 1897, c. 36, s. 34 (1); 62 V. (2),
o. 10, s. 7.

161. A licensee of a mining claim shall make a report in Licensee to
writing verified by oath to the Mining Recorder of the Min- ^"work on'
ing Division in which such claim is situated of the per- oath,
formance of the mining operations herein required to be
performed which report may be according to form No. 17

in the appendix hereto, and such report shall be completed
and delivered as aforesaid within ten days after the time
within which such mining operations are required to be
performed. 62 Yic. (2), c. 10, s. 7.

162-

68 Chap. 11.

MINES.

6 Edw. VII

Form of
affidavit verify
ing report.

162. — (1) The affidavit verifying the report of a licensee
holder, for the time being, of a mining claim above referred
to may be in the form No. 18 in the appendix hereto. 62
Vic! (2), c. 10, s. 7.

(2) The Mining Recorder if satisfied that the working
conditions required to be performed have been duly per-
formed may give a certificate according to form No. 32 in
the appendix hereto.

If two or three
claims conti-
guous, work
may be done
upon one.

Proviso.

163. If two or three mining claims held by the same
licensee are contiguous, the whole of the work herein
required, applicable to the said two or three mining claims,
may be performed by the licensee upon one of them, if the
licensee has notified the Mining Recorder of the Mining
Division within which such mining claims are situated of
his intention to perform all the said work in the year or
years specified, upon the one of the said mining claims so
specified, which said notice may be in the form (No. 19)
in the appendix hereto. Provided that in computing the
amount of work performed, as herein required, upon any
number of mining claims, not more than three contiguous
to each other, the licensee shall be deemed to have complied
with the provisions of this section if the total work per-
formed by him upon the said group of mining claims
amounts altogether to not less than the total amount of
work which but for this proviso would have been required
to be performed upon each of the said mining claims.
R.S.O. 1897, c. 36, s. 32 (2).

fsu^November """n comPuting the time within which work or min-

and i5th April ing operations are required to be performed by this Act
to be exempt. ^ perj0j 0f t\me extending from the 15th November in
one year to the 15th April in the succeeding year shall be
deemed to be excluded as shall also the time or times so
stated by any Order-in-Council or regulations made under
the authority of this Act. R.S.O. 1897, c. 36, s. 52 (3),
53.

Abandonment.

Licensee may
abandon
mining claim
or permit.

165. A licensee may, at any time, abandon a mining
claim, working permit, or prospecting permit, by giving
notice in writing to the Mining Recorder in the Mining
Division in which such claim or area is situated of his inten-
tion so to do, which notice may be according to the form
(No. 20) in the appendix hereto. Such notice shall be imme-
diately recorded in a book in the Mining Recorder's office,
and from the date of the record of such notice all interests
of the licensee in such claim, working permit, or prospect-
ing permit, as the case may be, shall cease and determine,
and the same shall thereafter be the property of the Crown,
free from all claims of every nature and kind. 61 V., c. 11,
8. 8, port; 62 V. (2), c. 10, s. 13, part.

166-

1906.

MINES.

CliaB. 11 69

166. Non-compliance by or on behalf of the licensee of ai™o wlt^Act
any provision of this Act relating to the staking out and °[.d.^|ction of
recording of a mining claim, working permit or prospecting Recorder to be

■a • l J" Ul • ilf • 1 • ii deemed aban-

permit, including the blazing or otherwise marking alldonment.
lines by the Act required, or of a direction of the Mining
Recorder in regard thereto within the time limited by the
Mining Recorder therefor, shall be deemed to be an aban-
donment. See R.S.O. 1897, c. 36, s. 51 (1), (2).

Forfeiture.

167. — CI) In default of compliance with the working con- Forfeitureon
ditions herein required during the first three months or ^rfonnwork
during any subsequent year of the said period of three

years, and of the delivery of the report in section 161
referred to, within the time thereby limited, all rights
of the licensee connected with any such mining claim
shall, unless otherwise ordered by the Mining Commis-
sioner, after appeal to him as herein provided, revert to and
be vested in His Majesty, his successors and assigns for
the rmblic uses of the Province, freed and discharged of
any interest or claim of the licensee and of every other per-
son whatsoever, and the Mining Recorder shall make an
entrv to that effect on the page of the Record Book showing
the claim. 60 V. c. 8, s. 9.

(2) The decision of the Mining Commissioner in this sec- Decision of
Hon referred to shall be final.

final.

168. All the interest of a licensee in a mining claim, caus>s of
before the patent thereof has issued, shall cease and be^[*j*tur<;0jf
deemed to be forfeited, and the mining claim in such case

shall revert to the Crown free from all claims of every
nature and kind thereto:

(a) If the license of the licensee has expired, and not

been duly renewed as herein provided.

(b) If, without the consent in writing of the Mining

Recorder or Mining Commissioner, any licensee,
or any person on behalf of the licensee, removes
a stake or post by the Act required to be placed
on a mining claim, for the purpose of changing
boundaries, or otherwise, after the plan thereof
and notice in regard thereto have been filed with
the Mining Recorder.

formed are not duly performed.

(d ) If the report required by section 161 to be made

by a licensee of the performance of mining
operations is not made and deposited with the
Mining Recorder as therein required. R.S.O.
1897, c. 36, s. 45.

(e)

70 Chap. 11.

MINES.

6 Edw. VII

(e) If an application for patent required by section

169 to be made by a licensee for a mining claim
be not made within the time required by this
Act.

(f) If the purchase price required by section 176 to

be paid by the licensee for a patent for a min-
ing claim is not paid as and when by the Act
required. See 63 V., c. 13, s. 16. Amended.

Application for Patent op Mining Claim.

how licensee 169. Upon compliance by or on behalf of the licensee of
^tenuoiiaim. the requirements of this Act and including the perfor-
mance of the work hereby required, and upon payment by
or on behalf of the licensee holder for the time being of
any mining claim of the purchase price of the mining
claim as provided in section 174 hereof the said licensee
holder shall be entitled to a patent of such mining claim.
A licensee entitled to a patent of a mining claim shall
apply therefor within a period of three months, after the
expiry of three years and three months from the date of
recording the claim in the office of the Mining Recorder,
and failure to apply therefor and pay the purchase price
thereof within such period of three months shall be deemed
to be a forfeiture of all the interests of such licensee in
such mining claim, and such mining claim in such case
shall revert to and be vested in His Majesty, his successors
and assigns, for the public uses of the Province, freed and
discharged of any interest or claim of any other person or
persons whomsoever. The application for a patent shall be
made to the Mining Recorder of the Mining Division
within which such mining claim is situated, and may be
according to form No. 21 in the appendix hereto.

Free grant to 170. A licensee who is the first discoverer of valuable
first dlscoverer' metal, ore, or mineral at a point which is not less than five
miles from the nearest known mine, vein, lode or deposit
of the same kind of metal, ore or mineral, and who com-
plies with all the other provisions of this Act shall upon
satisfactory proof of such facts be entitled to a patent
thereof without payment of the purchase price, which,
but for the provisions of this section would have been pay-
able therefor. R.S.O. 1897, c. 36, s. 32; 62 V. (2), c. 10,
s. 6.

of areaetobet- ^n a^ Pa^ents for mining claims within the Dip-

reserved for tricts of Algoma, Thunder Bay and Rainy River, and that
part of the District of Nipissing which lies north of the
French River, Lake Nipissing and the River Mattawan
there shall be a reservation for roads of five per centum
of the quantity of land proposed to be granted and the
Crown or its officers shall have the right to lay out roads
where, and as deemed necessary. R.S.O. 1897, c. 36,
s. 26, bs. 4.

172-

1906.

MINES.

Chap. 11 71

172. Every patent of Crown lands or mining rights by Patent to; be
which, it is intended to vest in the grantee or patentee the Lance ofPAct.
mines and minerals therein or any part thereof or any

rights in connection therewith, shall be stated to be made
in pursuance of this Act.

173. Every patent of Crown lands which purports to be yey^nground
made in pursuance of this Act shall, unless otherwise title,
expressly stated, vest in the grantee all the Crown title in

such lands and all mines and minerals therein.

Pric6 of

174. — (1) The price per acre of all Crown lands to be mining iands.
sold as mining lands shall be :

(a) If in surveyed territory... $3 00

(b) If in unsurveyed territory 2 50

The price per acre for a patent of mining rights shall be Mining rights,
one-half the above rates. It. S. 0., 1897, c. 36, s. 31.

(2) No lands shall be sold or patented for mining pur- No laildst0 be
poses in anv Forest Reserve. 5 Edw. VII., c. 9, s. 1. sold orpatent-

r ed in Forest

Reserves.

Reservation of Timber.

175. — (1) The patents for all Crown lands sold or granted ^^If9
as mining lands shall contain a reservation of all pine trees
standing or being on the lands, which pine trees shall con-
tinue to be the property of His Majesty, and any person
holding a license to cut timber or saw logs on such lands
may, at all times during the continuance of the license,
enter upon the lands and cut and remove such trees, and
make all necessary roads for that purpose. R.S.O. 1897,
c. 36, s. 39 (1).

(2) The patentees, or those claiming under them (except Patentees may
patentees of mining rights) may cut and use such trees as bunding" for
may be necessary for the purpose of building, fencing and
fuel on the land so patented, or for any other purpose essen-
tial to the working of the mines thereon, and may also cut
and dispose of all trees required to be removed in actually
clearing such part of the land as may be necessary to be
used for mining purposes, but subject, as regards pine trees,
to paying the value thereof, including timber dues, to the
Crown or any licensee or other person licensed or authorized
to cut such pine trees, as the case may be. If any dispute
arises between the patentee or those claiming under him and
the timber licensee with regard to the quantity or value of
the pine timber so cut or disposed of, or otherwise regarding
such timber, the same may be referred to the Minister,
whose decision shall be final. Ibid (2). Amended.

Survey

72 Chap. 11.

MINES.

6 Edw. VII

Survey of Mining Claims.

inluMur°veyed 176. A mining claim in unsurveyed territory in order to
surveyed b°ybe De patented shall require to be surveyed by an Ontario
ox.s". Land Surveyor at the cost of the licensee applicant there-

for, who shall furnish at the time of the application for
a patent the surveyor's plan, in triplicate, field-notes and
description of the location showing a survey in conformity
with this Act and to the satisfaction of the Minister.
R.S.O. 1897, c. 36, s. 27.

Saim to beey °f 177. The boundary lines of a mining claim in unsur-
made. veyed territory shall follow the courses of the lines of the

claim as originally staked out on the ground, or as the lines
may have subsequently been altered, changed or corrected
by the Mining Recorder of the Mining Division in which
such mining claim is situated, and whenever an Ontario
Land Surveyor is employed to run the boundaries of any
such claim he shall do so by running a straight line between
Post No. 1 at the northeast angle of the claim and Post No.
2 at the southeast angle thereof, and a straight line between
said Post No. 2 and Post No. 3 at the southwest angle there-
of, and a straight line between said Post No. 3 and Post No.
4 at the northwest angle thereof, and a straight line be-
ween said Post No. 4 and Post No. 1 at the northeast ajigle
thereof, and shall mark out said lines on the ground by
blazing the adjacent trees distinctly on three sides, i.e.,
one blaze on each side in the direction of the line and one
on that side by which it passes, and shall give to each
mining claim, so surveyed, a designating number or let-
ter, which designating number or letter he shall mark
on the posts at each of the four angles of the claim and shall
connect such survey with some known point in a previous
survey or with some other known point or boundary so that
the claim may be laid down on the office maps of the terri-
tory in the Department.

Minister may 178. If, in the case of application for a patent of a min-
ofc"atmSiinVey ing claim in surveyed territory, the Minister should be of
wrdtory1 opinion that a survey of such mining claim is necessary,
the Minister may so direct and a survey thereof, shall be
made in compliance with such direction, at the expense
of the applicant, and shall, unless otherwise ordered, com-
ply with the same requirements as if in unsurveyed terri-
tory.

may reduce.

ifareaof 179. If, as the result of anv survev required or author-

claim excels- - ii 1 • a j 1 »' ••' 1 • • 1

sive, Minister ized by this Act, the area of a mining claim or a special
mining claim exceeds the acreage by this Act specified in
reference thereto, it shall be lawful for the Minister to
grant a patent for such portion of such mining claim as
shall not exceed the acreage of such specified area. (New.)

180

1906.

MINES.

Chap. 11 73

180. Wherever practicable any reduction in the area of a How reduction
mining claim, which, according to the survey thereof, ex- "
ceeds, in the case of a mining claim, 40 acres, or in the
case of a special mining claim, 20 acres shall be
made by restricting the same as follows : In case of a
mining claim by commencing at No. 1 post and proceeding
along the line between the said post, and No. 2 post a dis-
tance of 20 chains, or to No. 2 post where the said distance
does not exceed 20 chains, thence westerly and parallel to
the line between So. 2 post and No. 3 post a distance of 20
chains, or to a point on the line between No. 3 post and No.
4 post where the said distance does not exceed 20 chains,
thence northerly on a line parallel to the line between No.
3 post and No. 4 post a distance of 20 chains, or to a point
on the line between No. 4 post and No. 1 post where the
said distance does not exceed 20 chains ; thence in a straight
line to No. 1 post ; and in the case of a special mining claim,
by commencing at No. 1 post and proceeding along the line
between No. 1 post and No. 2 post a distance of 20 chains,
to No. 2 post where the said distance does not exceed 20
chains, thence westerly parallel to the line between No. 2
post and No. 3 post a distance of 10 chains or to a point on
the line between No. 3 post and No. 4 post where the said
distance does not exceed 10 chains, thence northerly parallel
to the line between No. 3 post and No. 4 post a distance of
20 chains, or to a point on the line between No. 4 post and
No. 1 post where the distance does not exceed 20 chains,
thence in a straight line to No. 1 post.

Prospecting Permits.

181. — (1) Any licensee desirous of acquiring a permit to permitCfor'g
prospect for petroleum, natural gas, coal or salt, upon any^t™^""^'.
Crown lands not withdrawn from exploration or sale or c'oa"andgsait.
upon any lands, the mines, minerals or mining rights of
which have been reserved to the Crown in the patent, sale,
lease, or location, shall before going into occupation of
such lands, stake out the same bv planting a post at each
corner thereof, and writing or marking on No. 1 post, at the
northeast corner of the said area, the words "Prospecting
Permit applied for," the name of the licensee stak-
ing out the said lands and the number of his li-
cense, also the name of the licensee in whose name or on
whose behalf it is proposed to make application for such
permit, the number of his license, the date on which the
said lands are staked out, a statement of the area intended
to be covered by the Permit ; and shall within fifteen days
thereafter make application in duplicate for the said Permit
to the Mining Recorder of the Mining Division within
which the lands are situate, which application may be
according to Form No. 22 in the appendix hereto. One

co^y

Chap. 11.

MINES.

6 Edw. VII

copy of such application shall at once be posted up in the
Recorder's office, and one copy forwarded to the Minister.
The application shall be verified by affidavit which may be
according to Form No. 23 in the appendix hereto. If the
area so staked out is more than ten miles from the office
of the Mining Recorder, one day additional for every addi-
tional ten miles or fraction thereof shall be allowed for
making said application.

(2) After the expiry of thirty days from the making of
such application to the Mining Recorder, and not later
than ninety days thereafter, the licensee shall make appli-
cation to the Minister for a Permit to prospect said lands
for petroleum, natural gas, coal or salt, or any one or more
of the said substances, and shall accompany his applica-
tion with a plan or diagram showing as nearly as possible,
the situation of the lands and shall give the best practic-
able written description of the same, and pay in a fee of
flOO. If the lands are situate in surveyed territory, the
applicant shall describe the lands by the numbers of the
lots and concessions. Upon completion of the application,
if no good reason appears to the contrary, the Minister may
grant the Permit, which shall be called a "Prospecting
Permit", and shall be for one year only. Such Permit
may be according to Form No. 24 in the appendix hereto.

extent of tract. (3) Every tract of land for which a Prospecting Permit
is applied, if in unsurveyed territory, shall be rectangular
in form and shall not exceed six hundred and forty acres
in extent, and the boundary lines thereof shall be due
north and south and due east and west, astronomically.
If in surveyed territory such tract may consist of any
number of lots, not containing in all more than six hun-
dred and forty acres, provided they are contiguous, and
the whole tract need not be rectangular in form.

ditionsngo°n" ^ A Prospecting Permit shall require the holder there-
of to enter upon the tract of land described therein within
two months of the date thereof, and to expend thereon in
actual boring, sinking, driving or otherwise searching for
petroleum, natural gas, coal or salt, a sum not less than
at the rate of two dollars per acre during the term of the
permit, which expenditure shall not include any moneys
laid out for houses, roads or other like improvements.
Upon proof being filed with the Minister that the said
expenditure has been made and all other terms and condi-
tions oF the permit duly complied with, the Minister may

Fee- at the expiry thereof, grant a renewal of the same on

payment of a fee of one hundred dollars, subject to like
conditions as to expenditure in actual boring or other-
wise

Licensee to
make appli-
cation to
Minister.

Form and

1906.

MINES.

Chap. 11 75

wise searching for the substances aforesaid, or any one or where surface
more of them. Wh ere an application for a prospecting been granted,
permit includes any lands, the surface rights of which
have been patented, sold, leased or located, and the mines,
minerals or mining rights of which have been reserved to
the Crown, such permit shall not issue until the appli-
cant has filed evidence to the satisfaction of the Minister,
that he has arranged with the owner or owners of the
said surface rights for compensation for injury or dam-
age thereto, or failing such arrangement that such compen-
sation has been ascertained and paid or secured in man-
ner provided in section 119 hereof.

(5) Upon 1he holder of a prospecting permit, proving Lease may
to the satisfaction of the Minister, that he has discovered issue on dis" _^
petroleum, natural gas, coal or salt, or any one or more of
the said substances in commercial quantities upon the lands
included therein, the Minister may lease the said lands or
any portion of them to the holder of the said permit or his
assignee for a term of ten years at an annual rental of one
dollar per acre, payable in advance, and subject to the
expenditure of not less than two dollars per acre per annum
for raising or obtaining petroleum, natural gas, coal or
salt, or any one or more of the said substances therefrom,
or in actual bona fide operations or works undertaken or
made for the purpose of raising or obtaining the same.
The lessee shall have the right of renewal of such lease at
the expiry of the first term of ten years at the same rental,
and at the expiry of the second term of ten years for
another term of twenty years at such renewal rental as Renewal,
may then be agreed upon or provided by law or regula-
tion.

(6) Every such lease shall contain such other conditions Lieutenant-
stipulations and provisos as the Lieutenant-Governor m Council may
Council may order and prescribe, and shall be forfeited ™0a,|£sear^f"la'
and void if the rental payable thereunder be not paidleases
when due, or upon failure to expend the money required
therein to be laid out in bona fide operations or work for

the purpose of raising or obtaining the aforementioned
substances, or any one or more of them, or upon failure to
comply with any of the said terms and conditions of suchProviso
lease. Provided that a forfeiture for failure to pay rent
when due may be defeated- by paying up all arrears of
rent within ninety days after the same became due and
payable.

(7) The right conferred by any such lease upon the lessee Rights of
shall be to enter upon the lands mentioned or described tssee'
therein, and to dig, bore, sink, drive or otherwise search

for and obtain, raise and remove, petroleum, natural gas,
coal and salt, or any one or more of such substances. All

other

76 Chap. 11.

MINES.

6 Edw. VII

other minerals or mineral substances of value shall he
other minerals reserved to the Crown, and it shall be lawful for the
to be reserved. jl0]jer 0f a Miner's License at all times to go upon the
said lands and prospect and search for valuable minerals
and to stake out mining claims thereon, and obtain patents
therefor, upon compensating the said lessee for injury or
damage to the surface rights of the said lands ; neverthe-
less, from such patents, the petroleum, natural gas, coal
and salt in, on or under the said lands, shall be reserved.

fd irfu seirllir ^ ^° sucn iease shall issue for lands in unsurveyed
ed territory, territory unless and until a plan in triplicate by an
Ontario Land Surveyor, field notes and description, shall
be filed in the Department, showing a survey iti conform
ity with this Act, and to the satisfaction of the Minister.

(9) Tlie holder of a prospecting permit or of a lease for
petroleum, natural gas, coal or salt, shall not be entitled
to Ihe timber upon the lands included in such permit or
lease but if the same are not covered by timber license,
such holder may cut and use such timber or trees as may be
necessary for prospecting and working the said lands, upon
application to the Minister therefor, and upon payment of
such rates as he may fix.

(10) The holder of a prospecting permit may, subject to
the consent of the Minister endorsed thereon, transfer by
assignment in the Form No. 25 in the appendix hereto all
his rights in the said Permit of the lands included therein,
and upon said consent being given the licensee to whom the
same is transferred shall thereupon be entitled to the unex-
pired term of the said permit, with any right of renewal
thereof hereby authorized.

Placer Mining.

claims"1 '" g 182. The provisions of this Act in regard to staking out a
mining claim after discovery thereon of valuable mineral
shall be applicable, likewise, to placer mining claims, ex-
cept that in the case of placer mining claims it shall not be
necessary, preliminary to having the right to stake out, that
there should have been a discovery of valuable mineral
in place, but a discovery of a bed or deposit of gold or
platinum bearing sand, earth, clay or gravel, or of precious
stones, shall entitle the licensee, by or on whose behalf such
discovery has been made, to stake out a placer mining claim
thereon.

Dredging

Timber to bs
reserved.

Transfer of
prospecting
permit.

1906.

MINES.

Chap. 11 77

Dredging Leases.

183. — (1) The Lieutenant-Governor, by Order-in-Council, qJ^^^"^
may make regulations respecting the issue of leases author- council may
izing the holders thereof to dredge in any river, stream or uomVsfo la
lake in, on or flowing through Crown lands, or the bed or fer^|ing
beds of which belongs to the Crown, for the purpose of re-
covering valuable minerals therefrom, and from time to
time, may alter or revoke any order or orders or regulations
in respect thereof, and make others in their stead, and all
orders or regulations made by virtue of the provisions of
this section shall have force and effect only after the
same shall have been published in The Ontario Gazette.

(2) Such leases shall provide for the payment of an Provisions to be
annual rental in advance of not less than twenty dollars dred^ng1"
per mile in length of any such river, stream or lake, andleases-
shall not be for a greater term than ten years, renewable
at the expiry thereof, and shall contain provisions for
protecting all other public interests in such river, stream
or lake, including the driving of logs and timber, and navi-
gation.

Fees.

184. The fees to be paid under this Act shall be accord- Fees,
ing to the tariff therefor set forth in the schedule hereto.
A fee not exceeding twenty-five cents for each affidavit}
taken before a Mining Recorder, shall be payable to the
said Recorder for his own use.

MINING PARTNERSHIPS.

185. — (1) In addition to all other provisions of law in... .

r\ ■ t i • • i Mining

Ontario regarding partnerships or unincorporated com- partnerships.,
panies for mining purposes such partnerships shall be sub-
ject to the provisions of this Act referable thereto.

(2) Such partnerships may be composed of two or morp
persons of the age of 18 years or over.

(3) After the passing of this Act no such partnerships ^
shall be entitled to receive or hold a miner's license in On- must comply
tario, or be entitled to stake out a mining claim, or a special Wlth Act'
mining claim, or apply for a working permit, or be recorded

as the holder or transferee either of a mining claim, a spe-
cial mining claim or a working permit in any Mining Divi-
sion in Ontario, or to perform mining operations of any
kind in Ontario, until the provisions of this Act referable
thereto shall have been complied with.

(4)

78 Chap. 11.

MINES.

6 Edw. YII

partieufareof _ (4) Every member of a mining partnership shall severally
Ee^igned'by0 a^n (either personally or by attorney duly authorized in
partners. writing in the form in the schedule to this Act, which auth-
orization shall be annexed to the certificate of partnership
hereafter mentioned) a certificate (which may be in the
Form No. 26 in the schedule to this Act) wherein shall be
stated :

(a) The names in full, addresses and occupations of all
the partners.

(6) The name under which the partnership is to be con-
ducted.

(d) The number of shares of said partnership owned

by each partner.

(e) The period at which the partnership is to commence
and at which it is to terminate.

(/) The name in full, address and occupation of some
individual resident in Ontario, or an incorpor-
ated company having its head office in Ontario
authorized to act as Agent, and who consents
in writing in such certificate to act as agent of
the partnership, and who shall have power to
bind the partnership in any contract made or
entered into on behalf of the partnership and
signed by such agent.

be recorded t0 ^) Such mining partnership, before being entitled to the
with Mining issue of a miner's license, shall be recorded as herein pro-

Record.Gr . . .

vided in the office of the Mining Recorder, to whom appli-
cation is made by or on behalf of such mining partnership
for a miner's license.

How^partner- (6) A mining partnership shall be recorded by presenting
recorded. to and filing with a Mining Recorder a certificate which
complies with the provisions of subsection 4 of this section,
or by presenting to and filing with a Mining Recorder a copy
certified by a Mining Recorder to be a true copy of a cer-
tificate as aforesaid duly recorded in his office, and by pay-
ing the fee therefor prescribed in the schedule to this Act.

notentitieci to (7) No mining partnership shall be entitled to stake out
cUtos°untud a ruining claim, or apply for a working permit, or be re-
recorded, corded as the holder or transferee of a mining claim or of
a working permit or of mining property of any nature or
of any interest of any kind therein in a Mining Division,

1900.

MINES.

Chap. 11

or to perforin mining operations of any kind in Ontario,
unless and until such partnership has been recorded as
herein provided in the Mining Division in which such min-
ing claim, working permit or mining property is situated.

(8) Every contract made or entered into in writing on . ^^pj^
behalf of a mining partnership by the recorded agent for to bind part
the time being of such partnership as herein provided andner>,lip
signed by such agent, shall be binding upon said partner-
ship.

(9) A majority in interest for the time being of the re- Revocation of

i i i p • • . i • i i.r appointment of

corded members of a mining partnership may revoke the agent of

appointment of such agent of t*he partnership by signing no^effect©£~
a certificate of revocation thereof in the form No. '27 in
the schedule to this Act, and by recording such certificate
in the office of a Mining Recorder, and not otherwise, but
such revocation shall not be effectual until so recorded, and
shall only be effectual as to the Mining Division or divi-
sions wherein so recorded. In the event of the death of On death of
the recorded agent of a mining partnership a majority in new agent may
interest for the time being of the recorded members of such be aPP°mted-
partnership may by a certificate in the form No. 28 in
the schedule to this Act appoint another qualified person
or corporation to be the agent of such partnership, but such
appointment shall not be effectual until recorded with such
Mining Eecorder or Recorders as the appointment of such
deceased agent had been recorded with.

(10) No certificate of revocation of the agent of a mining Certificate of
partnership shall be effectual unless it substitutes another

appoint new

qualified agent who consents in writing in such certificate agent-
to act as agent, and possesses the same authority to bind
the partnership as was theretofore possessed by the agent
whose authority is thereby revoked.

Cll) Any specified share or shares in a mining partner- Transfer of
?hip may be transferred to any person or mining partner- partnership
ship or incorporated company authorized to deal in the •
shares of a mining partnership, by the owner thereof, or
the executor or administrator of a deceased owner thereof,
or by the assignee for the benefit of creditors of the owner
thereof, or by a sheriff or bailiff in due course of law, by
signing and recording with the Mining Recorder of each
Mining Division wherein such mining partnership is re-
corded a transfer thereof in the form No. 29 in the
schedule to this Act, and not otherwise.

(12) A mining partnership may be dissolved in the same Dissolution of
manner as any other partnership may be legally dissolved, PartnershlP-
except that it shall not be dissolved by the death of any
partner, but the share or shares of such deceased partner,
if not otherwise disposed of by the will of such deceased
partner, shall devolve upon the executor or administrator
of such partner. Such dissolution may be according to
form (No. 30) in the appendix hereto.

(13)

80 Chap. 11.

MINES.

6 Edw. VII

After dissolu-
tion recorded
agent to be
trustee for
individual
partners.

(13) The dissolution of a mining partnership shall not
constitute a revocation of the authority of the recorded
agent for the time being of such partnership, but after such
dissolution such agent, instead of being a trustee for the
partnership as a whole, shall thereupon become and be the
trustee of the individual partners or their legal represen-
tatives, as the case may be, but may, nevertheless, bind
the interest of the individual partners and their legal repre-
sentatives in selling, mortgaging or otherwise dealing with
and transferring the property of the partnership in the
partnership name until the affairs of the partnership are
finally wound up.

tobersdubiefteto ^he recor(led agent, for the time being, of a min-

MiningCom- ing partnership shall at all times be subject to and shall
any court or obey the orders of the Mining Commissioner, or of any
judge. Court or Judge in Ontario, as the case may be, under the

provisions of this Act.

Recorded agent
not relieved
from liability
for breach of
trust.

(15) Nothing contained in subsections 1 to 13 inclusive of
this section, shall relieve a recorded agent, for the time
being, from liability at law for any breach of trust com-
mitted by such agent in wilfully disobeying the instruc-
tions given to such agent by the majority in interest, for
the time being, of the recorded members of such mining
partnership, but notice or knowledge of such breach of trust
shall not affect the interest or title of any person or corpora-
tion contracting with such agent while such agent remains
the recorded agent of such partnership.

(16) Unless otherwise provided in writing by the partner-
ship and incorporated in the certificate in subsection 4 of

Certain sec-
tions of the
Ontario Com-
panies' Act to thig section mentioned, the like provisions as are contained
in sections 27 to 40, 42 to 44, 46 to 64, 77, 78, 81 to 85, 87
to 94, and 97 of The Ontario Companies Act, and amend-
ments thereto as far as same are not incapable of
being applied thereto, shall be deemed to be part of the
partnership agreement of every mining partnership recorded
under the provisions of this Act, and to be binding upon the
recorded partners, for the time being, therein and upon the
legal representatives of such partners.

Rev. Stat.
C. 191.

Incorporated Companies.

As to incor-
porated com-
panies.

186. — (1) After the passing of this Act no incorporated
company shall be entitled to receive or hold a miner's
license in Ontario, or be entitled to stake out a mining claim,
or a special mining claim, or apply for a working permit,
or be recorded as the holder or transferee either of a min-
ing claim, a special mining claim, or a working permit in
any mining division in Ontario, or to perform mining
operations of any kind in Ontario until the provisions of
this Act referable thereto shall have been complied with.

(2)

1906.

MINES.

Chap. 11 81

(2) Such incorporated company, before being entitled to

recorded in

the issue of a miner's license, shall be recorded as herein ^cc0er°ferMj^
provided in the office of the Mining Recorder, to whom
application is made by or on behalf of such company for a
miner's license.

(3) An incorporated company shall be recorded by PM-g^ffi?
senting to and filing with a Mining Recorder a true copy Patent, ArUciM.
of the Letters Patent, Articles of Association or Special etc, verified^
Act incorporating such company, verified on oath by the 01lth-
Secretary of the company, and in case of a company not
incorporated in Ontario, also of the license authorizing such
company to transact business or hold lands in Ontario, or

by presenting to and filing with a Mining Recorder a copy
certified by a Mining Recorder to be a true copy of the true
copy as aforesaid, duly recorded in his office, and by paying
the fee therefor prescribed in the schedule to this Act. Fee.
The affidavit in this section referred to may be according
to form No. 31 in the appendix hereto.

C4) No incorporated company shall be entitled to stake ^3*'^° be
out a mining claim or apply for a working permit, or be mining divl-
recorded as the holder or transferee of a mining claim, or property re
of a working permit, or of mining property of any nature, situate-
or of any interest of any kind therein in a Mining Division,
or to perform mining operations of any kind in Ontario,
unless and until such company has been recorded as herein
provided in the mining division in which such mining
claim, working permit or mining property is situated.

Exploratory Drilling.

187.^ — (1) The Minister may out of moneys voted for that Purchase of
purpose, purchase such diamond drills as he may deem exploratory
necessary for use in exploratory drilling of ores or min- PurP°ses.
erals in the Province under rules and regulations made
by the Liutenant-Governor in Council, which shall amongst
other things provide —

(a) For the control and working of the drills under
the direction of a person or persons employed
for the purpose by the Bureau of Mines.
(6) As to the payment of freight charges where the
drills are used upon mines or lands other than
those owned by the Crown.

method of dealing therewith.

(d) As to charges for use of the drills and for dam-

ages thereto, or wear and tear connected there-
with, and otherwise as to the Lieutenant-Gov-
ernor in Council shall seem meet. R.S.O. 1897,
c. 36, s. 13.

(2) The rules and regulations for the control and working
of diamond drills heretofore adopted by Order-in-Council
6 S. shall

82 ChaE. 11.

MINES.

6 Edw. VII

shall remain in force until amended or repealed by the
Lieutenant-Governor in Council.

Lien for "Wages.

tohaveUenfor 188. Every miner, mechanic, labourer or other person
wages. who performs labour for wages in connection with any mine

or mining property or works connected therewith shall have
upon the said mine and other property of the owner therein
and thereon a lien for such wages, not exceeding the wages
for thirty days, or a balance equal to his wages for thirty
days, and the said lien may be enforced in the manner pro-
vided for enforcing liens for wages by The Mechanics' and
Wage Earners' Lien Act. R.S.O. 1897, c. 209, s. 82 (14).

to°depn?vemine 1^9. ^° agreement shall be held to deprive anyone other-
workers of wise entitled to a lien under this Act of the benefit of a lien,
benefit of uen. but the lien attacll notwithstanding such an agree-

ment. R.S.O. 1897, c. 153, s. 6.

Riot Act.

Lieutenant- 190. The Lieutenant-Governor in Council may as often
council may as occasion requires declare by proclamation that he deems
Acu'n Min/ng it necessary that The Act respecting Riots near Public
Division. Works phall, so far as the provisions therein are appli-
cable, be enforced in any defined locality within a Min-
ing Division which he may deem necessary, and upon and
after the date named in any such proclamation section 1 and
Rev.stat.c. 38. sections 3 to 11 inclusive of the said Act, so far as the pro-
visions thereof can be applied therein, shall take effect with-
in the locality or Mining Division designated in the pro-
clamation, and the provisions of the said Act shall apply to
all persons employed in any mines or in mining within the
limits of such locality or Mining Division as fully and
effectually to all intents and purposes as if the persons so
employed has been specially mentioned and referred to in
the said Act. R.S.O. 1897, c. 36, s. 58 (1).

REGULATIONS FOR WORKING MINES.

Application of 191. Sections 191 to 221 inclusive shall apply to all mines,
m'taai quarries and pits, and to oil, gas and salt wells, and other
openings from which ores or minerals of any kind or class
are raised or taken, and to all furnaces or works for smelt-
ing or otherwise treating ores, rocks, clays, sands, oils,
brines or other minerals for any economic object; and all
owners or agents of such mines, quarries, pits, wells, furn-
aces and works shall observe and keep the provisions of
the said sections, and in case of non-observance thereof shall
incur the penalties provided therefor by section 213. R.S.
0. 1897, c. 36, s. 59.

Employees.

Employment 192. No boy under the age of fifteen years shall be em-
chndren6'1 and ployed in or allowed to be for the purposes of employment

1906.

MINES.

Chap. 11 83

in any mine to which this Act applies below ground; and
except in the case of mica trimming works no girl or
woman shall be employed at a mining work or allowed
to be for the purpose of employment at mining work in
or about any mine. R.S.O. 1897, c. 36, s. 60.

193. — (1) No boy or young male person of the age of fif- employment
teen and under the age of seventeen years shall be em- for boys,
ployed or allowed to be for the purpose of employment in

any mine to which this Act applies below ground on Sun-
day or for more than forty-eight hours in any one week,
or more than eight hours in any one day.

(2) The period of such employment, and the time during
which any such boy or person may be below ground for
the purpose of employment shall respectively be deemed to
begin at the time of leaving the surface and to end at the
time of returning to the surface.

(3) A week shall mean the period between midnight on
Sunday night and midnight on the succeeding Saturday
night. R.S.O. 1897, c. 36, s. 61.

194. The owner or agent of every mine to which this ^Ift onads"6
Act applies shall keep in the office at the mine, or in the employed,
principal office of the mine belonging to the same owner

in the district in which the mine is situated, a register,
and shall cause to be entered in such register the name,
age, residence and date of the first employment of all boys
or young male nersons of the age of fifteen and under the
age of seventeen years who are employed in the mine be-
low ground, and shall produce sucb register to any Inspec-
tor at the mine at all reasonable times when require! by
him, and allow him to inspect and copy the same. The
immediate employer of every boy or male young person of
the age aforesaid other than the owner or agent of the
mine, before he causes such boy or male young person to
be in any mine to which this Act applies below ground,
shall report to the owner or agent of such mine or some
person appointed by such owner or agent, that he is about
to employ such boy or young male person in the said mine.
R.S.O. 1897. c. 36, s. 62.

195. Where there is a shaft, incline, plane or level in Age ami sex of
any mine to which this Act applies, whether for the pur- conation
pose of an entrance to such mine or of a communication Wlth e"^"68-
from one part to another part of such mine, and persons

are taken up, down or along such shaft, plane or level by
means of any engine, windlass or gin, driven or worked by
*team or by any mechanical power, or by an animal,
or by manual labor, no person shall be allowed to have
charge of such engine, windlass or gin, or of. any part of
the machinery, ropes, chains or tackle connected there-
with, unless he is a male of at least twenty years of age.
Where the engine, windlass or gin is worked »y an animal,

the

Chap. 11.

MINES.

6 Edw. VII

the person under whose direction the driver of the animal
acts shall for the purposes of this section be deemed to be
the person in charge of the engine,, windlass or gin, and
no person shall be employed as such driver who is under

sixteen years of age. R.S.O. 1897, c. 36, s. 63.

Tmptoyment 0f 196- If W person contravenes any provision of the four
persons con- next preceding sections of this Act he shall be guilty of
an offence against this Act, and in case of any such con-
travention by any person whomsoever in the case of any
mine, the owner and the agent of such mine shall each be
guiltv of an offence against this Act, unless such owner or
agent proves that he had taken all reasonable means to
prevent such contravention by publishing, and to the best
of his power enforcing the provisions of this Act. R.S.O.
1897, c. 36, s. 64 .

mide^ageTm- 197 • ^ ^ appears that a boy or young person or any per-
pioyed on false SOn emploved about an ensrine, windlass or gin was em-

representation. , i .i , ,• n i • , £ i •

ployed on the representation of Ins parent of guardian
that he was of an age at which his employment would not
be in contravention of this Act, and under the belief in
good faith that he was of that age, the owner or agent of
the mine and the immediate employer shall be exempted
from any penalty, notwithstanding such boy or other per-
son was not of an age at which his employment as afore-
said_ is authorized by this Act, provided such owner, agent
or employer shall immediately upon discovery of the fact
discharge su,ch boy from such employment, but the parent
or guardian shall for the misrepresentation aforesaid be
deemed guiltv of an offence against this Act. R.S.O.
1897, c. 36, s. 55.

to^amage'10* 198. In mining operations no licensee shall cause dam-
other claims. age oj. injury to the holder of any mining property by
throwing earth, clay, stones or mining material on such
other mining property, or by causing or by allowing water
which may be pumped or bailed or may flow from a min-
ing claim or other mining property of such licensee, to
flow into or upon such other mining property, under a
penalty of not more than $10 and costs for every offence,
and for every day such damage or injury continues, and
in default of payment of the fine and costs the licensee
offending may be imprisoned for any period not exceeding
one month. The provisions herein contained shall be in
addition to any civil claim for damages which may be
incurred by the owner of any mining property sustaining
damage or injury of the nature aforesaid. R.S.O. 1897,
c. 36, s. 57.

Liquor Licenses.

fjirwddenense8 ^99. Excepting in towns and incorporated villages, no
within six license shall hereafter be issued to any public house, beer
uin'mines! shop or other place not now under license for the sale of any

spirits

1906.

MINES.

Chap. 11 85

spirits, wine, beer or other spirituous or fermented liquor
within six miles of any mine or mining camp where six or
more workmen are employed. 63 V. c. 13, s. 21.

Payment of Wages.

200. — (1) No wages shall be paid to any person employed j£?ment0oi °r
in or about any mine to which this part applies at or within ^lfseessatr>"blic
any public house, beer shop or place for the sale of any

spirits, wine, beer or other spirituous or fermented liquor,
or other house of entertainment, or within any office, gar-
den, or place belonging or contiguous thereto or occupied
therewith. It.S.O. 1897, c. 36, s. 66 (1).

(2) Every person who contravenes or permits any person penaity.
to contravene this section shall be guilty of an offence
against this Act, and in the event of any such contraven-
tion by any person whomsoever the owner or agent of the
mine in respect of which the wages were paid shall each
be guilty of an offence against this Act, unless such owner
or agent proves that he had taken all reasonable means to
prevent such contravention by publishing and to the best
of his power enforcing the provisions of this section.
R.S.O. 1897, c. 36, s. 66 (2).

Statistical Returns.

201. — (1) The owner or agent of every mine, quarry or f^"ss"cal re"
other works to which this Act applies shall on or before owners and
the 15th day of January in every year send to the Bureau ^^of

cf Mines a correct return for the year ending on the pre-
ceding 31st day of December of the number of persons or-
dinarily employed in or about such mine below ground
and above ground respectively, and distinguishing the dif-
ferent classes and ages of the persons so employed whose
hours of labour are regulated by this Act, the average rate
of wages of each class and the total amount of wages paid
during the year, the quantity in standard weight of the
mineral dressed, and of the undressed mineral which has
been sold, treated or used during such year, and the value
or estimated value thereof; and the owner or agent of every
metalliferous mine shall, if required, make similar returns
at the end of each month or quarter of the calendar year
for such month or quarter in order that the same may be
tabulated for publication under the instructions of the Min-
ister.

(2) For the purpose of collecting the data of such statis- fu3J1ne^dSbybe
tics the Deputy Minister shall prepare the required sched- Deputy

ules in such forms as he may, from time to time, deem Mmister"
desirable, and send the same by mail to be filled up and
returned by the owner or agent of every such mine, quarry
or works in the Province.

(3) Every owner or agent of a mine, quarry or other Penalty,
works who fails to comply with this section, or makes any

return

Chap. 11.

MINES.

6 Edw. VII

return which is to his knowledge false in any particular,

shall be guilty of an offence against this Act. R.S.O.
1897, c. 36, s. 67 (1).

producedon 202. — (1) On the occasion of any examination or
mfneCti°n °f inspection of a mine the owner shall, if required so
to do, produce to the Inspector, or any other person
authorized by the Minister, an accurate plan of the
workings thereof; every such plan as aforesaid shall show
the workings of the mine up to within six months of the
time of the inspection, and the owner shall, if required by
such Inspector or other authorized person, cause to be
marked on such plan the progress of the workings of the
mine up to the time of such inspection, and shall also per-
mit the Inspector to take a copy or tracing thereof,
plan of work- (o\ ^n accurate plan of every working mine in which

ing mines to . V ' 1 . . J °

be filed. levels, crosscuts or other openings have been driven from
any shaft, adit or tunnel, and of every mine consisting of
either a tunnel or shaft having a longitudinal extension of
fifty feet or more, shall be made and a certified copy filed
at the office of the Bureau of Mines on the thirty-first day
of March of each year showing the workings of the mine
up to the thirty-first day of December preceding, and
whenever work in a mine has been discontinued or aban-
doned for a period of one month such plan shall be filed at
the office of the Bureau of Mines within two months from
the date of cessation of work, and failure to comply with
any of these provisions on the part of the owner or agent
of the mine shall be regarded as an offence ag-ainst this
Act; but every such plan shall be maintained as confiden-
tial information for the use of the officers of the Bureau of
Mines concerning the state and extent of every such mine,
and shall not be exhibited nor shall any account thereof be
imparted to any person or persons except with the written
permission of the owner or agent of the mine. R.S.O.
1897, c. 36. s. 31; 63 V., c. 13, s. 20.

Prevention of Accidents.

Abandoned or ^3. For the prevention of accidents where any mine has
unworked been abandoned or the working thereof has been discon-

mmes.

tinued, the owner or lessee, or other person interested in
the minerals of the mine shall cause the top of the shaft
and all entrances from the surface, as well as all other pits
and openings dangerous by reason of their depth, to be and
to be kept securely fenced ; and if any person fails to act
in conformity with this section he shall be guilty of an
offence against this Act, and any shaft, entrance, pit or
other opening which is not fenced as aforesaid shall be
deemed to be a nuisance. R.S.O. 1897, c. 36, s. 68.

inquest in case 204. It shall be the duty of the coroner who resides near-
m/neflity *" * est to m™e wherein or in connection wherewith any

fatal i ty

1906.

MINES.

Chap. 11 87

fatality has occurred, to forthwith conduct an inquest, but
if such coroner is in any way in the employ of the mine
owner or lessee of the mine in question he shall be ineligible
to act as coroner in reference thereto, and any other coroner
shall, upon application by any person interested, at once
issue his warrant and conduct such inquest, and this section
shall be his authority for so doing, whether his commission
extends to such territory or not.

205. The following general rules shall so far as may be General rules,
reasonably practicable be observed in every mine to which
this Act applies :

1. An adequate amount of ventilation shall be constantly ventilation,
prodiiced in every mine to such an extent that the shafts,

adits, tunnels, winzes, rises, sumps, levels, stopes. cross-
cuts, underground stables and working places of such mine
and the travelling roads to and from such working places
shall be in a fit state for working and passing therein.
R.S.O. 1897, c. 36, s. 69 (1).

2. In every working mine which is entered by a shaft p^f^16
and operated to a greater depth than 100 feet, and in every
mine which is entered by an adit or tunnel and operated

to a greater distance than 300 feet from the entrance to the
adit or tunnel, it shall be lawful for the Inspector to
require a sufficient number of portable water-tight privies
to be provided for the underground employees of the mine,
and such privies shall be taken to the surface and thorough-
ly cleansed every twenty-four hours.

CARE OF EXPLOSIVES.

3. No magazine for powder, dynamite or other explosive Magazine for
shall be erected or maintained at a nearer distance than exPl0Slves-
four hundred feet from the mines and works, or any pub-
lic highway, except with the written permission of the In-
spector, and every such magazine shall be constructed of
materials and in a manner to insure safety against explo-
sion from any cause, and shall be either so situated as to
interpose a hill or rise of ground higher than the magazine
between it and the mine and works, or else an artificial

mound of earth as high as the magazine and situated not
more than 30 feet from it shall be so interposed.

4. No powder, dynamite or other explosive shall b« where expio-
stored underground in a working mine in excess of supply

in a mine.

for 24 hours. It shall be kept in securely covered and
locked boxes, and, where thawed underground, it shall be
kept in unused parts of the mine, never less than ten feet
from lines of underground traffic nor less than one hundred
and fifty feet from places where drilling and blasting are
carried on, and shall at all times be in charge of a specified

man

:88 Chap. 11.

MINES.

6 Edw. VII

man fully qualified by his experience to take charge there-
of.

biasting°capsSe' ^° ^U8e» blasting caps, electric detonators, or any
etc. ' articles containing iron or steel shall be stored in the same

magazine with powder, dynamite or other explosive, nor
at a less distance than fifty feet from such magazine, but
they shall be stored in a covered box in a place of safety.

Lighted lamps 6. Whenever a workman opens a box containing an ex-

•or candles to ,. i i • inii i

bekeptata plosive, or when he m any manner handles the same, ho
exp?osivesrom shall not permit any lighted lamp or candle to come closer
than five feet to such explosive, nor permit said lamp or
candle to be in such a position that the air current may
convey sparks to the explosive, and a workman shall not
approach nearer than five feet to an open box containing
an explosive with a lighted lamp, candle, pipe or any other
thing containing fire.

inspection of 7, A. thorough daily inspection shall be made of the

stores of cxplO" • • • •

sivesin a mine, condition of explosives in a mine, and it shall be the
duty of the manager, captain or other officer in charge
of the mine to institute an immediate investigation when
an act of careless placing or handling of explosives is dis-
covered by or reported to him ; and any employee who
commits a careless act with an explosive or where explo-
sives are stored, or who, having discovered it, omits or
neglects to report immediately such act to an officer in
charge of the mine, shall be guilty of an offence against
this Act.

Thawing house y. A proper house in which to thaw explosives shall be
tor explosives, built separate from the other mine buildings, and shall be
equipped with suitable apparatus approved by the Inspector
for thawing explosives, and shall be under the direction
of the mine foreman or some other careful and experienced
workman. Whenever deemed necessary by the Inspector
a proper apparatus for use in the mine for thawing explo-
sives shall also be provided, and shall be used under the
direction of the mine foreman or of some other careful and
experienced workman. The quantity of explosives
brought into the thawing house shall not at any time ex-
ceed the requirements of the mine for a period of twenty-
four hours, except where such requirements would be less
than one hundred pounds.

to'be'used hf^ ^' cnar?in? holes for blasting, no iron or steel tool
charging noies. or rod shall be used, and no iron or steel shall be used in
any hole containing explosives.

Missed holes to 10. A charge which has missed fire shall not be with-
be reported. drawn> but shall be blasted; and, in case the missed hole
has not been blasted at the end of a shift, that fact shall be
reported by the foreman or shift-boss to the mine captain

1906.

MINES.

Chap. 11

or shift-boss in charge of the next relay of miners before

work is commenced by them.

11. All drill holes, whether sunk by hand or machine size of arm
drills, shall be of sufficient size to admit of the free inser- holes
tion to the bottom of the hole of a stick or cartridge of
powder, dynamite or other explosive, without lamming,
pounding or pressure.

12. No powder, dynamite or other explosive shall be f^fhfaps
used to blast or break up ore in roast heaps where by reason

of the heated condition of such ore or otherwise there is
any danger or risk of premature explosion of the charge.

PROTECTION IN WORKING PLACES.

13. Every underground plane on which persons travel ^ffnac°ing 0"
which is self-acting, or worked by an engine, windlass or engine planes
gin, shall be provided at intervals of not more than twenty

yards with sufficient man-holes for places of refuge, and
every such plane which exceeds thirty yards in length
shall also be provided with some proper means of signal-
ling between the stopping places and the end of the plane.

14. Every road on which persons travel underground [^^a's
where the produce of the mine in transit ordinarily exceeds

ten tons in any one hour over any part thereof shall be
provided at intervals of not more than one hundred yards
with sufficient spaces for places of refuge, each of which
spaces shall be of sufficient length, and of at least three
feet in width between the waggons running on the tram-
road and the side of the road, and the Minister of Lands
and Mines may, if he sees fit, require the Inspector to
certify whether the produce of the mine in transit on the
road aforesaid does or does not ordinarily exceed the weight
as aforesaid, and such certificate shall be conclusive as to
the matters therein stated.

15. Every man-hole and space for a place of refuge shall ^|®p^leaT
be constantly kept clear, and no person shall place any-
thing in a man-hole or in such space in such a position as

to prevent convenient access thereto.

16. Where drifts extend from a shaft in opposite direc- protection of
tions on the same level, a safe passage way and standing driftsmen
room for workmen shall be made on one or both sides of

the shaft to afford protection against falling material. ,

17. Where a shaft is being sunk below levels in which and shafts
work is going on, a suitable pentice shall be provided for
protection of workmen in the shaft.

18. The top of every shaft shall, unless otherwise directed Fencing of
by the Inspector, be securely fenced, and every pit or open- othefooeni ngs
ing dangerous by reason of its depth shall be securely fenced

or otherwise protected.

Chap. 11.

MINES.

6 Edw. VII

Guard rails. 19 Guard rails shall be placed round the shaft openings

on every level of the mine.

Timbering. 20. Where the enclosing rocks are not safe every work-
ing or pumping shaft, adit, tunnel, stope or other work-
ing shall be securely cased, lined or timbered, or other-
wise made secure.

water fr°m 21. Everv working mine shall be provided with proper
and efficient machinery and appliances for keeping such
mine free from water, the accumulation or flowing of
which might injuriously affect any other mine.

ASCENDING AND DESCENDING SHAFTS.

Division «{ 22. Where any portion of a shaft is used for the ascent
and descent of persons by ladders or by a man engine, and
another portion of the same shaft is used for raising the
material being mined, the first mentioned portion shall be
cased or otherwise securely fenced off from the last men-
tioned portion.

conditions 23. Workmen may not be lowered or hoisted in shafts,

under which . ,-, i i • » • t

machinery winzes or other underground openings of a mine under any
used ?o° lower of the following conditions: —

or hoist men in . . T . , , , . . ,

amine. (a) In buckets, skips or tubs;

(6) In cages which are not provided with a hood, dogs
and other approved safety appliances.

winding in mines of upwards of 1,000 feet ver-
tically in depth are not provided.

(d) Where no indications other than marks on the rope

or cable are used to show to the person who
works the machine or hoisting engine, the posi-
tion of the cage in the shaft.

(e) Where the rope or cable passes through blocks

instead of passing over a sheave of diameter
suited to the diameter of the rope or cable and
properly mounted on a secure head-frame.

JSe todbe°£ep°tf shall be the duty of the owner of every mine to post
posted. and maintain at the mouth of the shaft or other conspicu-

ous place a printed copy of this rule, and in any case of
accident occurring as a result of a violation of this rule
the owner shall not be liable for damages except upon
proof that he has permitted or authorized the employment
of means herein prohibited for raising and lowering work-
men in a mine, or that a suitable manway has not been
provided.

shifts otImoo ^4. Whenever a mine shaft exceeds four hundred feet
feet deep. vertically in depth, a safety cage shall be provided, kept

and Used for raising and lowering men in the shaft, unless

otherwise directed by the Inspector.

25.

1906.

MINES.

Chap. 11 91

25. Unless with the written permission of the Inspec- skipways.
tor, skipways shall be provided with back timbers to pre-
vent skips leaving the track where such skipways are in-
clined at more than 45 degrees from the horizon.

26. Hoisting with horse and pulley-block is forbidden j^"°fdwith
where the depth of a shaft is more than seventy-five feet, pulley block.
No open hook shall be used in hoisting.

27. There shall be on the drum of every machine used slipping of

pi • . . i n i j rope on drum.

for lowering or raising persons such flanges or horns, and
also, if the drum is conical, such other appliances as may
be sufficient to prevent the rope from slipping.

28. There shall be attached to every hoisting machine Brake,
a brake adequate to hold at any point in the shaft the
weight when filled with ore of the skip, bucket or other
vessel used for hoisting or lowering, and also in any shaft

of greater depth than 200 feet there shall be a geared in-
dicator (in addition to any mark on the rope) which will
show to the person who works the machine the position of
the cage or load in the shaft.

29. No person shall ride upon or against any loaded ^"f^rs
car in any level, drift or tunnel in or about any mine. etc.

SCALING, ESCAPEMENT SHAFTS, ETC.

30. It shall be the duty of the Manager, Captain or other Daily examina-
competent officer of every mine to examine at least once tl0n
every day all working shafts, levels, stopes, tunnels, drifts,
crosscuts, raises, signal apparatus, pulleys and timber-
ing in order to acertain that they are in a safe and effi-
cient workinsr condition, and to inspect, and scale or cause

to be inspected and scaled, the walls and roofs or all
stopes or other working places at least once every week.

31. The owner, operator or superintendent of every mine stretchers for ■
where six or more men are employed in underground work ^"Jred^er-0*
shall maintain a properly constructed stretcher for the sons-
purpose of conveying to his place of abode any person who

may be injured while in the discharge of his duties at such
niine.

32. Every person, company or corporation who has sunk Escapement
on any mine a vertical or incline shaft to a greater depth shafts-
than 100 feet, where the top of such shaft is covered or
enclosed by a building which is not fire-proof, and who

has drifted a distance of 200 feet or more from the shaft
and has commenced to stope, shall provide and maintain
to the hoisting shaft or the opening through which men
are let into or out of the mine and the ore is extracted,
a separate escapement shaft or opening. If such an

escapement

Chap. 11.

MINES.

6 Edw. VII

Buildings not
to be erected
nearer than
50 feet to the
month of a
mine.

Old timber to
be removed.

Storing oils,
etc.

Signalling.

Code of signals.

escapement shaft or opening is not in existence at the
time that stoping is commenced work upon such escape-
ment shaft or opening must be begun as soon as stop-
ing is commenced, and must be diligently prosecuted
until the same is completed, and the said escapement shaft
or opening shall be continued to and connected with the
lowest workings in the mine. The escapement shaft or
opening herein provided for must be of sufficient size to
afford an easy passage way, and if it is an upraise or shaft
it must be provided with good and substantial ladders
from the deepest workings to the surface. With the ex-
ception of any erection used solely as a shaft-house, no
permanent building, for any purpose, shall hereafter be
erected within fifty feet of the mouth of a mine.

33. All old timber not in use to sustain the roof or walls
or any part of a mine shall as soon as practicable be taken
from the mine and shall not be piled up and permitted to
decay therein.

34. All oils and other inflammable materials shall be
stored or kept in a building erected for that purpose, and
at a safe distance from the powder magazine and from
the main buildings, and their removal from said building
for use shall be in such quantities only as are necessary to
meet the requirements of one day.

35. Every working shaft in which persons are raised
which exceeds 100 feet in depth shall unless exempted in
writing by the Inspector, be provided with guides and
some proper means of communicating by distinct and
definite signals from the bottom of the shaft, and from
every level for the time being in work between the surface
and the bottom of the shaft to the surface, and also of
communicating from the surface to the bottom of the
shaft, and to every level for the time being in work be-
tween the surface and the bottom of the shaft.

36. All methods of signalling in a mine shall be printed
and posted up in the engine house or hoist house and also
at the top of the shaft and at the entrance of each level.
The following code of mine signals shall be used at every

mine :

Code of Mine Signals.

One bell Stop immediately — if in motion.

One bell Hoist.

Two bells Lower.

Three bells Hoist men slowly.

Four bells Blasting signal. Engineer must an-
swer by raising bucket or cage a few
feet and letting it back slowly, then
one bell, hoist men away from blast.

Five

1906.

MINES.

Chap. 11 93

Five bells Steam on.

Six bells Steam off.

Seven bells Air on.

Eight bells Air off.

3 — 2 — 2 bells Send down drills.

3 — 2 — 3 bells... Send down picks.

Nine bells Danger signal, in case of fire or other

danger. Then ring number of station
where danger exists.

37. A proper foot-way or ladder, inclined at the most con- Ladders and
venient angle which the space in which the ladder is fixed Platforms-
allows, shall be provided in every working shaft, and every

such ladder in a working shaft shall have a substantial plat-
form at intervals of not more than twenty feet, and no such
ladder shall be fixed for permanent use in a vertical or over-
hanging position, and all ladders in shafts shall project
at least two feet above the platform, and all hold-fasts shall
be of iron securely fixed in the shaft casing. The said
platform shall be closely covered, with the exception of an
opening large enough to permit the passage of a man's
body, and shall be so arranged that it would not be possible
for a person to fall from one ladder through the opening
to the ladder below.

38. If more than ten persons to each shift are ordinarily Dressing room,
employed in the mine below ground, sufficient accommoda-
tion, including supplies of pure cold and warm water for
washing shall be provided above ground near the principal
entrance of the mine, and not in the engine room or boiler

room, for enabling the persons employed in the mine to
conveniently dry and change their clothes.

39. Every fly-wheel and all exposed and dangerous parts Fencing
of the machinery used in or about the mine shall be kept machmery-
securely fenced.

40. Every steam boiler shall be provided with a steam Gauges and

-i i i l , • n safety valves

gauge and a proper water gauge to snow respectively for boilers,
the pressure of steam and the height of water in the boiler,
and with a proper safety valve.

41. At least once in every six months every boiler shall cleansing and
be thoroughly cleansed, and at least once in every t welve testing bouers-
months every boiler shall be subjected to an examination

and hydraulic test by a competent person. The test of
working boilers shall be equal to one and a half times the
pressure at which the safety valve blows off.

42. No person shall wilfully damage, or without proper wilful damage,
authority remove or render useless, any fencing, casing,

lining, guide, means of signalling, signal, cover, chain,
flange, horn, brake, indicator, ladder, platform, steam-
gauge, water-gauge, safety-valve, or other appliance or
thing provided in any mine in compliance with this Act.

43.

94 Chap. 11.

MINES.

6 Edw. VII

instructions 43. Instructions and rules required to be posted in or
posted. about a mine under the authority of this Act shall be writ-
ten or printed in the language or languages most familiar
to the workmen employed at the mine, and it shall be the
duty of the owner or agent of the mine to maintain such
instructions and rules duly posted, and the removal or de-
struction of them shall be an offence against this Act.

Blasting on 44. In case parties working contiguous or adjacent claims
claims. disagree as to the time of setting off blasts, either party may
appeal to an Inspector, who shall decide upon the time at
which blasting operations thereon may be performed, and
the decision of such Inspector shall be final and binding
upon such parties, and shall be duly observed by them in
future blasting operations. 63 V. c. 13, s. 22.

changesfin ^06. Where mining operations have been commenced
connection upon any claim, location or works in the Province, or where

with the work- ■• , . 1 •. -i . j • j i i

ingofamine such operations have been discontinued, or where such
u^officers30!^ operations have been re-commenced after an abandonment
or discontinuance for a period exceeding two months, or
where any change occurs in the name of a mine or in the
name of the owner or agent thereof, or in the officers of any
incorporated company which is the owner thereof, the owner
or agent of such mine, claim, location or works shall give
notice thereof to the Deputy Minister within two months
after such abandonment, discontinuance, re-commencement
or change, and if such notice is not given the owenr or
agent shall be guilty of an offence against this Act.

Notice of Accidents.

*2$ie£j$Zh 207. Where in or about any mine to wnich this Act

dents in mines . . . J . . . «

tobejsentto appJies, whether above or below ground, loss of life or any
Minister serious personal injury to any person employed in or about
the mine occurs by reason of any accident whatever, the
owner or agent of the mine shall within twenty-four
hours next after the explosion or accident send notice in
writing of the explosion or accident, and of the loss of life,
or personal injury occasioned thereby, to the Deputy Min-
ister, and shall specify in such notice the character of the
explosion or accident, and the number of persons killed and
injured, respectively. R.S.O. 1897, c. 36, s. 71.

Special report. 208. The Minister may, at any time, direct an Inspector
to make a special report with respect to any accident in or
about any mine which has caused loss of life or personal in-
jury to any person, and in such case shall cause such report
to be made public at such time and in such manner as he
thinks expedient; and in conducting an inquiry into the
cause of loss of life or of personal injury to any person in or
about a mine, the Inspector shall have power to take evi-
dence upon oath. R.S.O. 1897, c. 36, s. 72.

Offences

1906. . mines. Chap. 11 95

Offences and Penalties.

209.— (1) Every person, not authorized by this Act so to Sving°post
do, who, contrary to the provisions of this Act, wilfully etc.
defaces, alters, removes or disturbs any post, stake, picket,
boundary line or other mark placed, standing or made, or
any figure or writing by law directed or permitted to be
thereon under the provisions of this Act, or who attempts
so to do, on conviction thereof, shall incur a fine not exceed-
ing .$20 and costs, and, in default of payment, may ba
imprisoned for a period not exceeding one month.

(2) Any person contravening the provisions of this Act, PenaUyjor^
or any rule or regulation made under it, in any case where of Act.

no other penalty or punishment is imposed, shall for every
day on which such contravention occurs, or continues, or
is repeated, incur a fine of not more than $20 and costs,
and, in default of payment, may be imprisoned for a period
not exceeding one month. R.S.O. 1897, c. 36, s. 74.

(3) Every person who pulls down, injures or defaces any punisnmentfor
rules, notice or abstract posted up by the owner or agent notices.6

of a mine shall be guilty of an offence against this Act.
R.S.O. 1897, c. 36, s. 75.

(4) Every person who wilfully obstructs the Mining Penalty for
Commissioner or any officer appointed under the authority the'inspector.
of this Act in the execution of his duty under this Act, and

every owner or a-gent of a mine who refuses or neglects to
furnish to the Mining Commissioner, or any person
appointed by him, or to any officer appointed under this
Act, the means necessary for making an entry, inspection,
examination or inquiry under this Act in relation to any
mine in any way within the control of such owner or agent,
shall be deemed to be guilty of an offence against this Act.
R.S.O. 1897, c. 36, s. 76.

(5) The Mining Commissioner and every officer appointed Mining Com-
under the authority of this Act may convict upon view of ™nvtetonmay
any of the offences punishable under the provisions of this view-

Act or any Regulation made thereunder. R.S.O. 1897,
e. 36, s. 82.

(6) Any person not authorized by this Act so to do who penalty for
marks or stakes out a mining claim in whole or in part, or ^l^^0Tized
attempts to do so, shall be guilty of an offence against this

Act.

210. Where work of anj sort in or about a mine is let Responsibility
to a contractor, he shall observe and carry out all the pro- pre°yentactor t(
visions of this Act for the prevention of accidents, and if accidents-
he contravenes any of such provisions he shall be guilty
of an offence against this Act and shall be liable to the

same

96 Chap. 11.

MINES.

6 Edw. VII

same penalties and may be proceeded against in the same
way and to the same extent and effect as if he were an

owner or agent. R.S.O. 1897, c. 36, s. 77.

o^rSesto^e11 Every person who contravenes or does not comply

an offence. with any of the general rules contained in section 205 shall
be guilty of an offence against this Act, and in the event
of any contravention of or non-compliance with any of the
said general rules in the case of any mine to which this
Act applies by any person whomsoever being proved, the
owner and agent of such mine, and any contractor and
foreman employed in or about such mine, shall each be
guilty of an offence against this Act unless such contrac-
tor or foreman proves that he had taken all reasonable
means to prevent such contravention or non-compliance
by publishing and to the best of his power enforcing the
said rules as regulations for the working of the mine.
R.S.O. 1897, c. 36, s. 78.

Where
employees
deemed
guilty.

212. Every person other than the owner or agent em-
ployed in or about a mine who is guilty of any act or
omission which in the case of the owner or agent would
be an offence against this Act, shall be deemed to be guilty
of an offence against this Ac.t. R.S.O. 1897, c. 36, s. 79.

Penalties.

213. Every owner or agent guilty of an offence against
this Act shall be liable to a penalty not exceeding, except
as in this section hereinafter provided, fifty dollars, and
any other person guilty of an offence against this Act
aforesaid shall be liable to a penalty not exceeding, ex-
cept as in this section hereinafter provided, ten dollars ;
provided that if the Deputy- Minister, a Mining Recorder
or an Inspector has given written notice of anv such offence
having been committed, every such owner, agent or other
person shall be liable to a further penaltv not exceeding
five dollars for everv dav that such offence continues after
such notice. R.S.O. 1897, c. 36, s. 80.

Prosecution of
owner or
agent.

214. No prosecution shall be instituted against the owner
or agent of a mine to which this Act applies for any
offence under this Act except by an Inspector, or by the
County or District Crown Attorney, or with the consent
in writing of the Attorney-General ; and in case the owner
or agent of a mine is charged with an offence under this
Act he shall not be found guilty thereof if he proves that
he had taken all reasonable means to prevent the commis-
sion thereof, and an Inspector shall not institute any pro-
secution against an owner or agent if satisfied that he had
taken such reasonable means as aforesaid. R.S.O. 1897,
c. 36, s. 81.

215

1906.

MINES.

Chap. 11 97

215. All prosecutions for the punishment, of any offence *IhLJ1c'her in
under this Act except under section 77 may take place prosecution
before any two or more of His Majesty's Justices of the£iRcetake
Peace having jurisdiction in the County or district in
which the offence is committed, or before a Police or Sti-
pendiary Magistrate, or before the Mining Commissioner, Rev. stat., c.9»
under the provisions of The Ontario Summary Convictions

Act. R.S.O. 1897, c. 36, s. 83.

216. Any complaint or information made or laid in pur- Limitation of
suance of this Act shall be made or laid within three 1™ form0"/
months from the time when the matter of such complaint information,
or information respectivelv arose, and

1. The description of any offence under this Act ija the

words of this Act shall be sufficient in law.

2. Any exception, exemption, proviso, excuse or quali-

fication, whether it does or does not accompany
the description of the offences in this Act, may
be proved by the defendant, but need not be
specified or negatived in the information, and
if so specified or negatived no proof in relation
to the matter so specified or negatived shall be
required on the part of the prosecutor or inform-
ant. R.S.O. 1897, c. 36, s. 84.

217. Nothing in this Act shall prevent any person f rom prosecution
being indicted or liable under any other Act or otherwise £?tger other
to any other or higher penalty or punishment than is pro-
vided for any offence by this Act, provided that he shall

not be punished twice for the same offence. R.S.O. 1897,
c. 36, s. 85.

218. If the Court before whom a person is charged with. Where prosecu.
an offence under this Act thinks that proceedings ought tion should be

iii • i i_ <• i_ re j under another

to be taken against such person for such onence under any Act.
other Act or otherwise, the Court may adjourn the case to
enable such oroeeedings to be taken. R.S.O. 1897, c. 36,
s. 86.

As to Stealing Ore and Proving Title Thereto.

219. The burden of proving that ore or mineral in the gur(jen 0f pr00f
possession of any person charged with having stolen the as to ore alleged

/> •> r l-iiiPi i i , i to have been

same, or of any person on ins behalf, has not been stolen stolen,
shall be and rest upon the person in whose possession they
may be found, or on whose behalf they are held, as the case
may be.

220. All fines and penalties imposed or payable under Finea recover.
this Act may be recovered by distress and sale of any aWe by distress
mining or other personal property of the offender, and in

default of sufficient distress by imprisonment, with or with- sV, sf'iss.
out hard labour, not exceeding three months.

221

7s.

98 Char,. 11.

MINES.

6 Edw. VII

f^,psDlaities 221. Fees, penalties and tines received under this Act,
and fines. an(j ^e costs of all such convictions as take place before
the Mining Commissioner, a Mining Recorder, an Inspector
or Magistrate appointed under this Act, shall form part
of the Consolidated Revenue Fund of this Province, and
be accounted for and dealt with accordingly; and the ex-
penses of carrying this Act into effect in any mining divi-
sion shall be paid by the Lieutenant-Governor out of the
said Consolidated Revenue Fund. R.S.O. 1897, c. 36,
s. 87.

Repealing Clause.

Acts and regu-
lations re-
pealed.

Proviso

222. The Acts and parts of Acts mentioned in this sec-
tion, together with all regulations made thereunder, shall
stand repealed and be repealed, except as hereinbefore pro-
vided ; but such repeal shall not be deemed to imply that
any of the said Acts or parts of Acts which have been
repealed at any time prior to the passing of this Act have
been in force since such repeal ;

Provided that such repeal shall not affect any rights
acquired or any liabilities or penalties incurred, or any act
or thing done, under any of the said Acts or parts of Acts
or regulations made thereunder: — The Mines Act (R.S.O.
1897, Chapter 36), 60 Vict., Chapter 8; 61 Vict., Chapter
11; 62 Vict. (2), Chapter 10; 63 Vict., Chapter 13; 5 Ed-
ward VII., Chapter 9.

SCHEDULE.

The Mines Act, 1906.
Appendix of Forms.

1. Certificate of Record of staking out of Mining Claim. (See

sec. 58.)

2. Miner's License; (See sec. 88.)

3. Renewal of Miner's License. (See sec. 92.)

4. Transfer of an unpatented Mining Claim. (See sec. 118.)

5. Application to Mining Recorder to Stake Out an Area for Work-

ing Permit. (See sec. 141, par. 11.;
f>. Affidavit to accompany application for "Working Permit. (See
sec. 141, par. 11.)

7. Certificate of Mining Recorder of application for Working Per-

mit. (See sec. 141, par. 12.)

8. Working Permit. (See sec. 141, par. 13.)

9. Notiee to be posted by Mining Recorder in his office of applica-

tion for a Working Permit. (See sec. 146.)

10. Notice by Mining Recorder of hearing of dispute in reference

to non-compliance by a licensee with the provisions of The
Mines Art, 1906, referable to a Working Permit. (See sec.
149.)

11. Transfer by a licensee of his interest in an area under a Work-

ing Permit. (See sec. 151.)

12. Renewal of Working Permit. (See sec. 152.)

7a s. . 13_

1906. mines. Chap. 11

13. Application to record the Staking out of a Mining Claim. See

sec. 156.)

14. Affidavit of Discovery. (See sec. 157.)

15. Application by a Licensee for a Free Grant. (See sec. 156.)

16. Affidavit by a licensee to accompany an application for a Free

Grant. (See sec. 157.)

17. Report by licensee to Mining Recorder of performance of work.

(See sec. 161.)

18. Affidavit verifying report of performance of working conditions.

(See sec. 16*2 (1) ).

19. Notice by licensee to a Mining Recorder of intention to perform

on one mining claim work intended to be applicable to con-
tiguous claims held by 'same licensee. (See sec. 163.)

20. Notice by licensee of abandonment of a mining claim. (See sec.

165.)

21. Application for patent of a mining claim to the Mining Re-

corder of Mining Division. CSee sec. 169.)

22. Application for a Prospecting Permit. (See sec. 181 (1) ).

23. Affidavit to accompany application for Prospecting Permit. (See

sec. 181 (1)).

24. Prospecting Permit. (See sec. 181 (2) ).

25. Transfer bv a licensee of his interest in a Prospecting Permit.

(See sec' 181 (10) ).

26. Certificate of a Mining Partnership. (See sec. 185 (4) ).

27. Revocation of appointment of an Agent of a Mining Partner-

ship. (See sec. 185 (9) ).

28. Certificate of a Mining Partnership appointing a new Agent in

place of one deceased. (See sec. 185 (9) ).
20. Transfer of a share of a partner in a Mining Partnership. (See
sec. 185 (11) ).

30. Dissolution of a Mining partnership. (See sec. 185 (12) ).

31. Affidavit verifying documents relating to the incorporation of

a Mining Company. (See sec. 186 (3) ).
32 Certificate of performance of working conditions. (See sec.
162 (2) ).

(Coat of Arms.)
THE MINES ACT. 1906.
Form No. 1. (See sec. 58.)

Province of Ontario.

Department of Lands, Forests and Mines.

No Fee $

Certificate of Record of Staking Out of Mining Claim.

I hereby certify that I have this day granted to of
the holder of miner's license No. , dated

day of 190 , (issued by the Mining

Recorder of the Mining Division), a certificate of ,

record of mining claim No. , known as containing

acres, more or less.
Dated at this day of 190

Mining Recorder of Mining Division.

(Coat

100

Chap. 11.

MINES.

6 Edw. VII

Form No 2

(Coat of Arms.)
THE MINES ACT, 1906.
(See Section 88.)
Province of Ontario.
Department of Lands, Forests and Mines..
No. Fee $

(Name of place of issue and date of issue.)

190

Miner's License.

This License is issued to called the

Licensee, of the of in consideration of

the payment of a fee of dollars, under and subject to

the provisions of The Mines Act, 1906, to be in force until and in-
cluding the 31st day of March next succeeding the date hereof, and
is not transferable.

Mining Recorder of Mining Division.

Stub for Form No. 2.

(Stub.)

Miner's License.

No.- Fee $

Name of Mining Division

Name of licensee

Date of issue

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 3. (See section 92.)

Province of Ontario.
Department of Lands, Forests and Mines.

No- Fee $

(Name of place of issue and date of issue.)

190

Renewal of Miner's License.

This renewal of Miner's License No. issued by the Mining

Recorder of Mining Division, on the

day of 190 , to of

called the licensee, is issued to the licensee
in consideration of the payment of the fee of dollars,
and under and subject to the provisions of The Mines Act, 1906.
renews the said license until and including the 31st day of March
next succeeding the date hereof, and is not transferable.

Mining Recorder of Mining Division.

Stub

1906.

MINES.

Chap. 11

Stub for Form No. 3.

Renewal of Miner's License.
No. Fee $

No. of Renewal
Name of Licensee
Name of Mining Division
Date of issue of original License
Date of issue of Renewal

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 4. (See section 118.)

Department of Lands. Forests and Mines.

Transfer of an Unpatented Mining Claim.

The undersigned, holder of miner's license No. issued
by the Mining Recorder of Mining Division,

in consideration of the sum of dollars (receipt whereof is

hereby acknowledged), doth hereby transfer to

holder of miner's license No. issued by the Mining Re-

corder of Mining Division (a) the interest

of the undersigned in Mining Claim No. . in the Mining
Division, particularly described as follows :

Dated at this day of 190

Witness. Signature of Transferor

County (or District) of { I' . °f the

To wit: °* , lnthe

) make oath and say :

1. That I know , the above-named trans-

feror, and was present and saw the above transfer of mining claim
duly signed and executed by the said transferor at
in the of on the

day of 190
Sworn before me at the
of

in the
of

this day of

A.D. 190

(a) State interest.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 5. (See sec. 141, par. 11.)

Department of Lands. Forests and Mines.
Application to Mining Recorder to stake out an area for
Working Permit.
The undersigned of holder of miner's license

No. dated the day of 190 # ,

issued by the Mining Recorder of the Mining
Division hereby applies to the Mining Recorder of the
Mining Division for a working permit of the area consisting of
acres, more or less, according to the sketch or plan
attached hereto, more particularly described as f ollews :

The area was staked out and the lines cut and blazed on the

day of 190 , and the name by which

the said area may be known is

Datel at this day of 190

Signature of licensee in full.
Post office address of Licensee.

(Coat

10i>

Chap. 11.

MINES.

6 Edw. VII

(Coat of Anus.)
THE MINES ACT, 1906.
Form No. 6. (See sec. 141, par. 11.)

Department of Lands. Forests and Mines.
Affidavit to Accompany Application for Working Permit.

County (or District) of
To Wit :

I, of the

of in the

holder of Miner's license No.
dated 190 day of

issued by the Mining Recorder of
Mining Division, make oath and say:

1. That the sketch or plan hereto attached is correct and correctly
shows the location of the posts referred to in the annexed applica-
tion for working permit, and their distances from each other in feet
and inches, and all the statements and particulars set out in said
application are true and correct.

2. That I have no knowledge of and have never heard of any ad-
verse claim to the said area described in the said application for
working permit, by reason of discovery of valuable mineral, improve-
ment, occupation or otherwise.

3. That the application for said working permit is made on behalf
of of the of

in the of , holder of miner's

license No. dated the day of 190 ,

issued by the Mining Recorder of Mining
Division.

Sworn before me at the
of

in the

of this J

day of

A.D. 190 . J

Mining Recorder of Mining Division.

(Coat of Arms.)

THE MINES ACT, 1906. .

Form No. 7. (See sec. 141, par. 12.)

Department of Lands. Forests and Mines.

Certificate of Mining Recorder of Application for Working

Permit.

The undersigned hereby certifies that
of , the holder of miner's license No. ,

dated the day of 190 , and issued by

the Mining Recorder of the Mining Division

has this day applied to me for a working permit of the area described
as follows :

eaid to have been staked out by said licensee for himself or

holder of miner's license No. dated the

day of 190 , issued by the Min-

ing Recorder of the Mining Division, (or, as

the case may be), on the day of 190

Dated at . the day of 190 .

Mining Recorder of Mining Division.

(Coat

1906. mines. Chap. 11 103

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 8. (See sec. 141, par. 13.)

Department of Lands, Forests and Mines.

(Coat of Arms.)

Province of Ontario.

Department of Lands, Forests and Mines.
No. Fee $5.00.

Working Permit.

Pursuant to the provisions of The Mines Act, 1000, and subject
thereto, a Permit is hereby granted to

of , the holder of License No. dated this

day of 190 , issued by the

Mining Recorder of Mining Division

to enter into exclusive possession of the area consisting of
acres, more or less, defined in the sketch or plan attached hereto,
and more particularly described as follows :

end to work thereon during the period of six months from the day
of the date hereof, together with such renewal (if any) as is con-
tained in the renewal hereof endorsed hereon.

Dated at this day of 190

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 9. (See sec. 146.)

Department of Lands. Forests and Mines.

Notice to be Posted by the Mining Recorder in his office of the
Application for a Working Permit.

Notice is hereby given that of
the holder of Miner's License No. , dated the day of

190 , and issued by the Mining Recorder of

Mining Division, has this day applied to me for
a Working Permit of the area described as follows :

said to have been staked out by said licensee for himself, or

holder of Miner's License No. )# dated the

day of 190 , issued by the Mining Recorder of

Mining Division. or as the ruse may he

on the day of 190

Dated at the day of 190 .

Mining Recorder of

Mining Division.

(Coat

Chap. 11. mines. 6 Edw. VII

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 10. (See sec. 149.)

Department of Lands. Forests and Mines.

Notice by Mining Recorder of the Hearing of Dispute in Refer-
ence to Non-Compliance by a Licensee with the Provi-
sions of The Mines Act 1906, referable to a
Working Permit.

You are hereby required to take notice that
of has complained to me that you have not com-

plied with the provisions of The Mines Act, 1906, applicable to the
Working Permit held by you, and that I have fixed (a) the

day of 190 , at my office (or such

other place within the Mining Division as may be selected) for the
purpose of hearing what may be alleged on behalf of said complain-
ant and yourself, and that I will, at the said time and place, decide
the said dispute, of all of which you are required to take notice,
and govern yourself accordingly.

Dated at this day of 190 .

Mining Recorder of Mining Division,

(a) The time to be fixed must be such as will admit of seven clear

days' notice being given to the licensee against whom the complaint
has been made.

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 11. (See sec. 151.)

Department of Lands, Forests and Mines.

Transfer by a Licensee of his Interest in an area under
Working Permit.

The undersigned, holder of miner's license No. (issued by the

Mining Recorder of Mining Division), in considera-

tion of the sum of dollars, (receipt whereof is here-

by acknowledged), hereby transfers to , holder

of miner's license No. (issued by the Mining Recorder of

Mining Division), (a)

of the undersigned, in Working Permit No. , dated the

day of , 190 , issued by the Mining Re-

corder of Mining Division.

Dated at this day of 190 .

Witness.

Signature of Transferor.

Post office address of Transferor.

"I I, of the

County (or District) of ! of in the

To Wit : I of

' make oath and say :
1. That I know the above named transferor, and was present and
saw the above transfer of the Working Permit duly signed and exe-
cuted

1906.

MINES.

Chap. 11 105

cuted by the said transferor at in the

of on the day of

190 .

Sworn before nie at ^
of in the

of . this

day of

A.D. 190 . J

A Commissioner or Notary Public or a Mining Recorder,
(a) State interest transferred.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 12. (See sec. 152.)

Department of Lands. Forests and Mines.
Renewal of Working Permit.
(To be endorsed on original Working Permit.)

The period within which of ,

holder of miner's license No. is authorized to have exclusive pos-
session of the area described in Working Permit No. , and to
work same, is hereby renewed and extended until and including the
day of , 190

Dated at this day of 190

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 13. (See sec. 156.)

Department of Lands. Forests' and Mines.

Application to Record the staking out op a Mining Claim.

To the Mining Recorder of Mining Division,

the undersigned, holder of Mining License No. dated the

day of 190 . , issued by the

Mining Recorder of Mining Division, hereby

applies under the terms and provisions of The Mines Act, 1906, to
record the staking out of a Mining Claim, consisting of acres,
more or less, according to the sketch or plan attached hereto, and
which is more particularly described as follows :

The discovery post is situate
No. 1 post.

Discovery was made on the
190 , at o'clock

The claim was staked and the

the day of
as

Dated at this

feet from

day of

lines cut and blazed on claim on
190 . and the claim is known

day of 190 .

Signature of LAcensee in full.

Coat)

106

Chap. 11.

MINES.

6 Edw. YII

(Coat of Arms.)

THE MINES ACT, 1906.

Form. No. 14. (See sec. 157.)

Department of Lands. Forests and Mines.
Affidavit of Discovert.

County (or District) of ■ , fy,„°^ ^

To Wit: of tne

Holder of miner's license No. dated day of

190 , issued by the Mining Recorder of
Mining Division, make oath and say:

1. That on the day of 190 ,
at the hour of o'clock m., I discovered valuable min-
eral or ore in place, to wit:

On the Mining Claim No. , and described in the application

hereto attached, and in the sketch or plan therein referred to, that
is to say :

(Give particulars of discovery, kind of ore or mineral, also, if pos-
sible, kind of rock enclosing same.)

2. That I have no knowledge of and have never heard of any ad-
verse claim to the said Mining Claim, except as follows :

3. That the sketch or plan hereto attached is correct, and shows
the location of the discovery post and of the other posts which pur-
port to be shown thereon, and, likewise, correctly states the dis-
tances in feet from the said other posts, and that all the par-
ticulars set out in the application to record the staking out of the
Mining Claim are true and correct in every particular.

4. That application for said Mining Claim is made by me on behalf
of of in the

of , holder of Mining License No. , dated

day of 190 , issued' by the

Mining Recorder of Mining Division.

Sworn before me at -\

in the of |

this day of f

A.D. 190 . J

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 15. (See sec. 156).

Department of Lands. Forests and Mines.
Application dy a Licensee for a Free Grant.

To the Mining Recorder of Mining Division.

The undersigned, holder of Miner's License No. . issued by flu-
Mining Recorder of Mining Division, claims to he-
the first discoverer of valuable metal, ore or mineral, at a point
which is not less than five miles from the nearest known mine, vein,
lode or deposit of the same kind of metal, ore or mineral, as fol-
lows :

The discovery by me is of (a)
The location of the discovery is as shown on the accompanying sketch
or plan.

Tho nearest mine. vein, lode or deposit of the same kind of metal,
ore or other mineral, known to me, is at

1906. mines. Chap. 11

I claim to be entitled to the said (b)
without payment of purchase price according to Mines Act, 1906.
Dated at this day of 190 .

Name of Licensee.

Post office address of Licensee.

(a) State the kind of metal, ore or mineral.

(b) State whether Mining Claim or Special Mining Claim.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 16. (See sec. 157.)

Department of Lands. Forests and Mines.

Affidavit by a Licensee to accompany Application for a
Free Grant.

County (or District) of j ^g

To Wit- 1 111

J make oath and say:

1. That the statements contained in the application by

, holder of Miner's license No. hereto annexed, for a

Free Grant of No. , are true and correct in

ever}' particular.

Sworn before me at
in the

of this
day of

AD. 190 .

Mining Recorder of Mining Division.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 17. (See sec. 161.)

Department of Lands. Forests and, Mines.

Report by Licensee to Mining Recorder of Performance of

Work, (a)

To the Mining Recorder of Mining Division :

I. the undersigned, holder of Miner's License No. . (issued by
the Mining Recorder of Mining Division), being

the holder of (b) No. hereby notify you that I

Dated at this day of 190

Name of Licensee.
P.O. address of Licensee.

(a) This report must be filed with the Mining Recorder not later
than ten days after the time within which such mining operations
are required to be performed.

(b) State whether mining claim, special mining claim or working
(r) I, or , on my behalf, as the case may be.

(Coat

Chap. 11. mines. 6 Edw. VII

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 18. (See sec. 162 (1).

Department of Lands. Forests and Mines.

Affidavit Vekifying Report of Performance of Working
Conditions.

County (or* District) of ^e ^

To Wit: |in*he , of

J make oath and say :

1. That the statements contained in the annexed report by

the holder of Miner's License No. to the Mining

Recorder of Mining Division, relating to the per-

formance of mining operations on (o) No. are true and correct

in every particular.

2. That the statement contained in the preceding paragraph is
based upon the following information :

Sworn before me on the
day of

in the
of

this day of

A.D. 190 . ;

Name of Licensee.

P.O. address of Licensee.

Mining Recorder of the Mining Division.

(a) State whether mining claim, special mining claim or Working
Permit.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 19. (See sec. 163.)

Department of Lands. Forests and Mines.

Notice by a Licensee to a Mining Recorder of Intention to per-
form of one Mining Claim work intended to be appli-
cable to Contiguous Claims held by same Licensee.

To the Mining Recorder of the Mining Division :

I, the undersigned, holder of Miner's License No. , issued by
the Mining Recorder of Mining Division) hereby

notify you that I am licensee holder of mining claims numbers

and , which are contiguous to each other, and

that during the years 190 and 190 it is my intention to per-
form upon said mining claim No. all the work required by th«
provisions of The Mines Act, 1906, to be performed upon said min-
ing claims.

Dated at this day of 190 .

Name of Licensee.
P.O. address of TAcensee.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 20. (See sec. 165.)

Department of Lands, Forests and Mines
Notice by Licensee of Abandonment of a Mining Claim, etc.
To the Mining Recorder of Mining Division:

Ehe

1906.

MINES.

Chap. 11 109

The undersigned, holder of miner's license No. , issued by the

Mining Recorder of Mining Division, and licensee

holder of mining claim No. hereby abandons all interest in said

mining claim, and authorizes you to record such abandonment in
the books of your office.

Dated at ' this day of 190 .

Name of Licensee.
P.O. address of Licensee.
Note. — If working permit or prospecting permit, modify form
accordingly.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 21. (See sec. 169.)

Department of Lands. Forests and Mines.
Application for Patent of a Mining Claim, (a)

To the Mining Recorder of Mining Division :

The undersigned, holder of Miner's License No. . (issued by
the Mining Recorder of Mining Division) and

as licensee holder of (b)

No. applies for the issue of a patent thereof.

All work to be performed thereon has been duly performed, and I
now hand you dollars, the purchase money thereof, and re-

quest the issue of a patent thereof to of
being the holder of Miner's License No. (issued by the Mining

Recorder of Mining Division).

Dated at this day of 190 .

Name of Licensee Applicant. .
Post office address of Licensee.
(u) This application must be made to the Mining Recorder of the
Mining Division, within which the claim is situate, within a period
of three years and three months from the date said claim was re-
corded.

(b) State whether Mining Claim or special Mining Claim.

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 22. (See sec. 181 (1).

Department of Lands, Forests and Mines.
Application for Prospecting Permit, (a)

The undersigned, of the , holder of Miner's

License No. , dated the day of 190

(issued by the Mining Recorder of Mining Divi-

sion), hereby applies to the Mining Recorder of Mining
Division, for a Prospecting Permit to prospect for petroleum, nat-
ural gas, coal or salt, of the area consisting of acres,
more or less, according to the sketch or plan attached hereto, more
particularly described as follows:

The area was staked out and posts were planted on the

day of 190 . and the name by which the said area

may be known is

Dated at this day of 190 .

Signature of Licensee in full.

Post office address.

(a) This form must be in duplicate.

( Coat

110 Chap. 11.

MINES.

6 Edw. VII

(Coat of Arms.)
THE MINES ACT, 1906.

Form No. 23. (See sec. 181 (1).

Department of Lands, Forests and Mines.

Affidavit to Accompany Application for Prospecting Permit, (a)

) T'
of the

Countv (or District) of I of

To Wit : | in the

make oath and say :

1. That I am the holder of Miners License No. , dated the

day of 190 , issued by the Min-

ing Recorder of Mining Division.

2. That the sketch or plan hereto attached is correct, and correctly
shows the location of the posts referred to and the distance from
each in feet, and all the statements and particulars set out in the
said application are true and correct.

3. That I have no knowledge of and have never heard of any ad-
verse claim to the issuing of a Prospecting Permit in the area de-
scribed in the said application.

4. That the said application for said Prospecting Permit is made
on behalf of of in the

of , holder of Miner's License No. ,

issued by the Mining Recorder of Mining
Division.

Sworn before me at
of the
in the
of

this day of

A.D. 190 .

Mining Recorder of Mining Division.

(a) This affidavit must be in duplicate.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 24. (See sec. 181 (2).

Department of Lands, Forests and Mines.

No. Fee $

Prospecting Permit, (a)

Pursuant to the provisions of The Mines Act, 1906, and subject
thereto, a Prospecting Permit is hereby granted to
of , the holder of Miner's License No. , dated

the day of 190 , issued by the

Mining Recorder of Mining Division, to enter

upon and prospect the area set forth and described in the sketch or
plan attached hereto, for petroleum, natural gas, coal or salt, and
to work thereon during a period of one year from the day of the
date hereof.

Dated at

this day of

A.D. 190

Minister of T^ands, Forests and Mines.

(a) This permit is to be in duplicate, and one of such duplicate is
to be retained in the office of the Bureau of Mines.

( Coat

1906. mines. Chap. 11 111

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 2o. (See sec. 181 (10).

Department of Lands, Forests and Mines.

Transfer by a Licensee of his Interest in a Prospecting Permit.

The undersigned, holder of Miner's License No. (issued by

the Mining Recorder of Mining Division), in

consideration of the sum of dollars (receipt whereof is

hereby acknowledged), hereby transfers to , holder

of Miner's License No. (issued by the Mining Recorder of

Mining Division), (a) of the

undersigned in Prospecting Permit No. , dated the

day of 190 , issued by the Minister of Lands, Forests

and Mines.

Dated at the day of 190

Signature of Transferor.

Post office address of Transferor.

)1'

County (or District) of I of the of

To Wit: Tin the of

J make oath and say :
1. That I know the above named transferor, and was present and
saw the above transfer of Prospecting Permit duly signed and exe-
cuted by the said transferor at in the

of on the

day of 190 .

Sworn before me at \
in the of |

this day of i

A.D. 190 . J

A Commissioner or Notary Public or Mining Recorder.

(a) State interest transferred.

(Coat of Arms.)

THE MINES ACT, 1906.

Form No. 26. (See sec. 185 (4)

Department of Lands, Forests and Mines.

Certificate of a Mining Partnership.

This is to certify that the undersigned have formed a mining
partnership, and that the following particulars thereof are true and
correct :

(a) The names in full and addresses of all the partners are as fol-
lows :

(b) The name under which the partnership is to be conducted is
as follows :

(d) The number of shares of said 'partnership owned by each part-
ner is as follows :

(e) 1. The said partnership commenced on the dav of

1906.

2. The date at which the partnership is to terminate is
(/) The name, address and occupation of the agent (a) of the part-
nership with whom all contracts may be made or entered into on be-
half of the partnership is as follows :

Dated at the day of

A.D. 190 .

Signatures of Members of Partnership.

the

112 Chap. 11. mines. 6 Edw. VII

The undersigned, being the duly appointed Agent of the above-
named partnership referred to in this certificate thereof, hereby con-
sents to act as Agent of the said partnership.

Dated at this day of 190

Name of Agent.
P.O. address of Agent.

Witness :

(u) The Agent must be some individual resident in Ontario or an
incorporated company having its head office in Ontario.

(.Coat of Arms.)
THE MINES ACT, 1906.
Form No. 27. (See sec. 185 (9).

Department of Lunds, Forests and Mines.
Revocation of Appointment of an Agent of Mining Partnership.

The undersigned being the majority in interst for the time being
of the recorded members of the mining partnership known as "

" hereby revoke the appointment of
of the heretofore agent of the said partnership, and

hereby appoint of to be agent

of the said partnership in the place and stead of the said

Dated at this day of

AD. 190 .
Witness :

Signatures .of Partners.

The undersigned, being the Agent above mentioned, hereby con-
sents to act as Agent of the said partnership.

Name of Agent.
P.O. address of Agent.

(Coat of Arms.)
THE MTNES ACT, 1906.
Form No. 28. (See sec. 185 (9) ).

Department of Lands. Forests and Mines.
Certificate of a Mining Partnership appointing a new Agent l&

PLACE OF- ONE DECEASED.

The undersigned, being the majority of interest for the time being
of the recorded members of mining partnership known as "

," hereby appoint of the

of in the of to be

the agent of the said partnership in the place and stead of

of formerly Agent of the said part-

nership, and 'now deceased.

Dated at . this day of 190

Witness :

Signatures of Partners.

Coat

1906.

MINES.

Chap. 11

113

(Coat oi' Arms.)

THE MINES ACT, 1906.

Form No. 29. (See sec. 185 (11) ).

Department of TMnds, Forests and. Mines.

Transfer of a Share of a Partner in Mining Partnership.

The undersigned, member of the mining partnership known as "

," in consideration of the sum or dollars
(receipt of which is hereby acknowledged) hereby transfers to

of the of in the county of

, share in said mining partnership, and here-

by authorizes the Mining Recorder of Mining
Division to record the transfer thereof in the books of his office.

Dated at this day of 190 .

Witness :

Name of Partner.

1'ost office address.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 30. (See sec. 185 (12) ).

Department of TMnds, Forests and Mines.
Dissolution of a Mining Partnership.

This is to certify that the mining partnership which has hereto-
fore existed between the undersigned, under the name of "

," is hereby dissolved, and the Mining Recorder
of Mining Division is hereby authorized to re-

cord the dissolution thereof in the books of his office.

Dated at this day of 190 .

Witness :

Signatures of Partners.

^oat of Arms.)

THE MINES ACT, 1906.

Form No. 31. (See sec. 186 (3).)

Department of Lands. Forests and Mines.

Affidavit Verifying Documents Relating to the Incorporation
of a Mining Company.

County {or District) of of the of

To Wit : in the of

make oath and say :

1. That I am Secretary (or President, etc.) of (a)

2. That hereto annexed is a true copy of (b) incorporating (a)
In the case of a foreign corporation licensed under the Extra

Provincial Companies' Act to transact business in Ontario add the
jollowing :

8 s.

114 Chap. 11. MINES. 6 Edw. VII

3. That hereto annexed is a true copy of the license issued by the
Provincial Secretary of the Province of Ontario, authorizing (a)
to transact business in the Province of Ontario.

Sworn before me at
in the

of in the

this . dav of

190 . J

A Commissioner for taking affidavits, or

Notary Public, or Mining 'Recorder.

(a) Insert corporate name in full.

(b) State whether Letters Patent, Articles of Association or
Special Act.

(Coat of Arms.)
THE MINES ACT, 1906.
Form No. 32. (See sec. 162 (2)).

Department of TAinds, Forests and Mines.
No. Fee $

Name of place of issue and date of issue

190 .

Certificate of Performance of Working Conditions, (a)

This is to certify that of , holder

of miner's license No. (issued by Mining Recorder of

Mining Division) license of (a) has performed all neces-
sary mining operations on the said (a) to my satisfaction for the
season of 190 , except as follows: (b)

• Mining Recorder.

(a) State whether mining claim, special mining claim or working
permit.

(6) State exceptions and time within which said excepted mining
operations are to be performed.

Stub for Form 32.

No.
Date

Name of Licensee

Number of License

Name of mining claim

Mining operations still to be performed

THE MINES ACT, 1906.

Schedule of Fees.

For a Miner's License or renewal thereof for an individual.

(See sees. 85, 184) $10 00

For a Miner's License issued on or after the 1st Septem-
ber, 1906, and previous to 1st April, 1907 5 00

For a Miner's License or renewal thereof for a registered
partnership where not more than two partners. (See

sees. 85, 184) 10 00

3a s . For

1906.

MINES.

Chap. 11

115

For a Miner's License or renewal thereof for a registered
partnership where more than two but not more than
'five partners. (See sees. 85, 184) 25 00

For a Miner's License or renewal thereof for a registered
partnership where more than five partners. (See sees.
85, 184) 40 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra- Provincial Companies Act does not exceed $40,-
000. (See sees. 85, 184) ■•■ 25 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra Provincial Companies Act is over $40,000, but not
exceeding $100,000. (See sees. 85, 184) 50 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra. Provincial Companies Act is over $100,000, but not
exceeding $500,000. (See sees. 83, 184) 75 00

Miner's License for an incorporated Company where capital
authorized by letters patent or license under The Ex-
tra Provincial Companies Act is over $500,000, but not
exceeding $1,000,000. (See sees. 85, 184) 100 00

And for each additional $1,000,000 or fraction thereof.

(See sees. 85, 184) 100 00

For recording first claim applied for on a license. ( See

sees. 156, 184) .... 5 00

For recording second claim applied for on a license in the

same license year. (See sees. 156, 184) 7 50

For recording third claim applied for on a license in the

same license year. (See sees. 156, 184) 10 00

For examining Claim Record Book, per claim. (See sees.

55, 184) 10

For certificate of record of claim. (See sees. 58, 184) 1 00

For certificate of performance of working conditions. (See

sees. 162 (1), 184) _ 1 00

On filing appeal from Mining Recorder's decision. (See

sees. 75, 184) ..a 5 00

On filing appeal from Mining Commissioner's decision. (See

sees. 43, 184) 10 00

For filing transfer of mining claim. (See sees. 118, 184) 5 00

For recording endorsation on a working permit of a trans-
fer thereof. (See sees. 151, 184) 5 00

For recording endorsation on a prospecting permit of a

transfer thereof. (See sees. 181 (10), 184) 5 00

For a "Substituted Miner's License." (See sees. 93, 184)... 5 00

For recording extension of time for performing working

conditions. (See sees. 72, 184) 1 00

For filing certificate of mining partnership or certified copv

thereof. (See sees. 185 (4), 184) 1 00

For recording certificate of revocation of Agent and ap-
pointment of new Agent for mining partnership. (See
sees. 185 (9), 184) 1 00

For recording transfer of share or shares in a mining part-
nership. (See sees. 185 (11). 184) 25

CHAPTER

116

Chap. 12. CERTAIN ORDERS IN COUNCIL CONFIRMED. 6 EdW.YII.

CHAPTER 12.

An Act respecting" certain Orders-in-Council and
certain Crown Suits.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Order in
Council of
Aug. 14, 1905,
withdrawing
" Gillies
Limit." etc.,
from

exploration,
confirmed.

1. Whereas an Order of the Lieutenant-Governor in
Council was passed on the 14th day of August, 1905, with-
drawing from exploration for mines and minerals and from
sale, lease and location, the lands known as Gillies Broth-
ers' Timber Limit, lying on both sides of the Montreal
River, in the District of Nipissing, containing one hundred
square miles, more or less, and also the lakes known as Co-
balt and Kerr lakes, the said Order-in-Council is hereby
confirmed and declared to have been and now to be binding,
and effectual for the purposes therein mentioned, notwith-
standing that at or before the time of the passing of such
Order-in-Council a discovery or discoveries was or were
made, or was or were alleged to have been made on such
lands, or any part or parts thereof, and notwithstanding
that some claim or claims to the mining rights, mines or
minerals therein or thereon was or were at or before such
time pending; and all discoveries and claims respecting
such lands and mining rights, if any, shall be dealt with
by the Lieutenant-Governor in Council as he may think
fit.

2. The Order of the Lieutenant-Governor in Council of
MOthjan°,fi906, the 24th day of January, 1906, vesting in the Temiskaming
!and"fncertain an^ Northern Ontario Railway Commission certain lands
Temiskaming and lands covered with water in the District of Nipissing
and therein described by metes and bounds, is hereby con-
firmed, and it is hereby declared that the said Order was
intended to vest and did vest in the said Railway Commis-
sion as and from the passing of the Act to authorize the
construction of the Temiskaming and Northern Ontario

Railway

Order in

and Northern
Ont. Ry.
Commission,
confirmed.

1906. CERTAIN ORDERS IN COUNCIL CONFIRMED. Chap. 12

117

Railway, passed in the 2nd year of His Majesty's reign,
chapter 9, the fee simple in the said lands and all mines
and minerals being and lying in or under the said lands
and all mining rights therein and thereto absolutely freed
from all claims and demands of every nature whatsoever in
respect of or arising from any lease or patent of any min-
ing lands or mining location at any time granted.

3. Whenever a mining patent or a mining lease or a Lands and
lease of mining rights shall by proceedings in the High t» bewitif- 1
Court of Justice at the instance of the Crown be repealed exploration
or avoided for any cause the lands and mining rights de- p^J^f*' of
scribed in such patent or lease shall, upon and by virtue lease at
of such repeal or avoidance, be withdrawn from explora- croum!6 °
tion, discovery, staking out, or sale ; and every discovery
and claim of every kind to the said lands or mining rights
and to the mines and minerals on, in or under such lands
made or existing at any time before the repeal or avoidance
of such patent or lease shall thereupon be and become ab-
solutely null and void ; and such lands, mining rights, mines
and minerals shall be thenceforth vested in the Crown ab-
solutely and completely freed and discharged of and from
every claim of any kind to such lands, mining rights, mines
and minerals.

CHAPTER

118

Chap. 13.

volunteers' land grant.

6 Edw. VII.

CHAPTER 13.

An Act to amend the Act to provide for the appro-
priation of certain lands for the Volunteers who
served in South Africa and the Volunteer Militia
who served on the Frontier in 1866.

Assented to 14th May, 1 906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

i Edw. vii., 1. Section 1 of the Act passed in the 1st year of His Ma-
amended. jesty's reign, chaptered 6, is amended by adding at the end
thereof the following words :

withdrawing "And may, from time to time, withdraw from reservation
reservation for any lands so designated and not theretofore located under
purposes of this Act and substitute other lands for any land so with-
drawn, as may be deemed proper."

Exemption of 2. The Lieutenant-Governor in Council may, from time
i^dnwardSvnmto time, declare that section 8 of the said Act shall not
c. 6, s. 8. apply as to any township designated and set apart under
the said Act.

lEdw. vie, 3. Section 11 of the said Act is repealed and the following
repealed.' substituted therefor :

Reservation of 11. Section 15 of The Public Lands Act shall not apply
minerals under to lands heretofore or hereafter granted to any person
f%' whin not belonging to one of the classes described in section 2 of
toappiy. this Act and located by him by virtue of a certificate issued
to him under this Act, but save, as aforesaid, the said sec-
tion 15 shall apply to lands granted under this Act, and all
lands located under this Act shall be subject to the provi-
sions of The Mines Act, and to every mining lease or min-
ing license issued thereunder prior to such location.

5 Edward vii., 4. Section 5 of the Act passed in the 5th year of His Ma-
ainended5, jesty's reign, chaptered 8, is amended by striking out all

tl e

1906.

volunteers' land grant.

Chap. 13

119

the words in the fourth and fifth lines, and substituting Redemption of
therefor the words "and any such certificate may with provincial y
"the consent of the holder be redeemed by the Treasurer Treasurer.
" of the Province upon payment of $50 to the holder thereof
" out of such moneys as may, from time to time, be voted by
" the Legislature for that purpose."

5. Section 3 of said Act passed in the 1st year of His Ma- i e d*. vn

jesty's reign, chaptered 6, as amended by section 1 of the ed.' ' ' J

said Aet passed in the 5th year of His Majesty's reign, Time for;fiiirig
chaptered 8, is amended by striking out in the last line claims,
thereof the word "January" and substituting therefor the
word "August."

6. Section 7 of said Act is hereby amended b\ adding thei. Edw. vn.,
following subsections thereto : amended.™*

'(a) If any person belonging to one of the classes of per- issue of patents
sons mentioned in section 2 of 1st Edward VII, chapter 6, located within
and amendments thereto who is regularly located for any {option8 fr°m
land under the said Act and has not parted with the same by
any agreement or instrument, or the heirs, executors or
administrators of such person, apply for a patent for the
same before the expiry of ten years from date of location
and without the performance of settlement conditions, such
patent may issue, but from and after the date of said patent
the land included therein shall be liable to taxation for all
purposes, and the pine timber shall be reserved to the
Crown.

(b) In case the land located exceeds an area of 160 acres in
extent and the party so applying for patent has paid for
the overplus at the rate per acre applicable thereto, the
patent shall include such overplus and the whole of the said
location shall be granted under the provisions of the said
Act.

CHAPTER

120

Chap. 14. TEMISKAMING AND NORTHERN ONT. RY. 6 EDW. VII

CHAPTER 14.

An Act to amend The Temiskaming and Northern
Ontario Railway Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

9^d" amend' ^* Section 3 of The Temiskaming and Northern Ontario
ed.' Railway Act is amended by adding to sub-section 3 of the

said section the following words: "But no such ratifica-
leases^vhen °f " ti°n shall be necessary of any lease made with the ap-
not required. " proval of the Lieutenant-Governor in Council of any spur

" or branch not exceeding ten miles in any one place."

I amended'0' 2. The said Act is further amended by inserting therein
the following as section 146 : —

Dftposingpf i4fr The Commission shall be deemed to have authority,

DQ.1I16S 811 ft

minerals, etc. with the approval of the Lieutenant-Governor in Council,
from time to time to sell, lease or otherwise deal with
mines, minerals and mining rights on or under any portion
or portions of the right of way or of the town sites vested
or to be vested in the Commission.

2 Edw. VII.

3. Sub-section 3 of section 8 of the said Act as enacted
c.\ s. s. subs, by section 3 of the Act passed in the 5th \ear of His
Majestv's reign, Chaptered 10, is amended by striking out
the word "company" in the fourth and sixth lines thereof
and the words "directors, of the company" in the sixth and
seventh lines thereof, and substituting in lieu of said
words "company" and "directors of the company" the
word "Commission.'"

CHAPTER

1906.

HYDRO-ELECTRIC POWER COMMISSION. Chap. 15

121

CHAPTER 15.

An Act to provide for the Transmission of Electrical
Power to Municipalities.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. For the purposes hereinafter ment loned, the Lieuten- Appointment
ant-Governor in Council may from time to time appoint a ^lJctric Power
Commission to consist of three persons, two of whom may commission,
be members of the Executive Council of Ontario and one

of whom shall be a member of such Executive Council, and
such commission shall be a body corporate under the name
of "The Hydro-Electric Power Commission of Ontario,"
hereinafter called "the Commission."

2. The Lieutenant-Governor in Council may designate Chairman,
one of the members of the Commission to be the Chairman Quorum-
thereof. Two of the members of the Commission shall form

a quorum.

3. Every person appointed to the Commission shall hold Tenure of
office during pleasure and the Lieutenant-Governor in
Council may upon the death, resignation or removal from VacancieR-
office of any member of the Commission appoint some other
person to fill his place.

4. The member or members of the Commission other salaries.
Ahan any member of the Executive Council shall be paid

such salary or other remuneration 'as may be fixed by the
Lieutenant-Governor in Council out of such moneys as may
be voted by the Legislature for that purpose.

5. The Commission may, from time to time, appoint a £{p£gkersbnt
Chief Engineer, an Accountant, and a Secretary, and such commission,
other engineers, accountants, officers, servants and work-
men as may be deemed requisite. The salaries or other re-
muneration

122

Chap. 15. HYDRO-ELECTRIC POWER COMMISSION. 6 EdW. VII

muneration of the persons so appointed shall be payable
out of such moneys as may be voted by the Legislature for
that purpose.

piansiSspecifi- ^' municipal corporation may apply to the Com-

catioiis and mission for the transmission to such corporation of elec-

estimates to . • ■> o ,i r> ii j

municipal cor- trical power or energy for the uses of the corporation and
apphcatfon01' *ne inhabitants thereof, for lighting, heating and power
purposes, and the Commission may thereupon furnish to
such municipal corporation estimates of the cost of con-
structing, erecting, installing and maintaining all such
buildings, works, plant, machinery, poles, wires, conduits
and other structures as may be necessary for the purpose
of supplying the amount of electrical power or energy
required by such municipal corporation and may also fur-
nish to such corporation plans and specifications of the
works, plant, machinery and appliances necessary for the
distribution of such power and energy by such municipal
corporation, together with an estimate of the cost thereof.
The Commission shall further furnish to such municipal
corporation a statement of the terms and conditions upon
which such electrical power or energy may be transmitted
and supplied, together with a form of the contract to be
entered into between such municipal corporation and the
Commission.

Proviso. Provided that neither the Commission nor the Province of

Ontario shall incur any liability to any municipal corpora-
tion or company by reason of anj error or omission in any
such plans, specifications, or estimates.

rabmit by-'iaw The council of such municipal corporation may submit.

to electors. to the electors of the municipality in the manner prescribed
in The Consolidated Municipal Act, 1903, a by-law author-
izing the municipal corporation to enter into such contract
and in case such by-law receives the assent of the major-
ity of the electors voting thereon, such contract may be
entered into and executed by the Commission and the
municipal corporation, subject to the approval of the Lieu-
tenant-Governor in Council.

Jndnde»verrnK 8. After the execution of such contract and its
power to muni- approval by the Lieutenant-Governor in Council the

( 'j rvfl IitvuiiGsr

contract. Commission may proceed to transmit and deliver
to the municipal corporation electrical power or
energy to the extent mentioned in such contract, and the
municipal corporation may receive, use, supply and dis-
tribute such electrical power or energy upon such terms
and subject to such conditions as to rates and otherwise a«
the Commission may from time to time prescribe.

powe/tofaii- 9-1 — (1) The Commission may, subject to the approval of
Ways and dis- ^e Lieutenant-Governor in Council, enter into contracts
companies. from time to time with railway companies or distribut-
ing;

1906.

HYDRO-ELECTRIC POWER COMMISSION. Chap. 15

123:

ing companies for the supply of electrical power or energy
for the purposes of such companies.

(2) Any net profit made by the Commission, in supplying appii^nn6
power to a railway company or distributing company under Jjj™^1^8*
any such contract after making due provisions for the cost of ance to
acquiring or constructing and of maintaining the works mu,llclPallties-
through which the power or energy is supplied to such
company, shall be applied in payment of the cost of main-
taining the works, if any, acquired or constructed and
operated by the Commission for the purpose of transmit-
ting, electrical power or energy to municipal corporations.

(3) The Commission may, from time to time, with the Agreements

T. , ~ .■■ * . ., for use of ni

approval of the Lieutenant-Governor in Council, enter into of way of

' railway
companies.

right

a contract with any railway company for the use of the rai1

right of way of such railway company for the erection of
towers, poles, conduits, works and other constructions ne-
cessary for transmitting electrical power or energy by the
Commission.

10. Every municipal corporation entering into a contract J^^? °lliiiea
with the Commission as hereinbefore provided shall, for the c
purpose of using, distributing and supplying electrical

power or energy so contracted for, have the powers, per-
form the duties and be subject to the like obligations as a
municipal corporation constructing or acquiring works for
supplying electrical power or energy under the provisions of
The Municipal Light and Heat Act or The Consolidated
Municipal Act, 1903. Provided that the clauses lettered (a)
to (o9), both inclusive, following paragraph 4 of section 566
of The Consolidated Municipal Act, 1903, shall not apply
to any municipal corporation receiving from the Commis-
sion and using and distributing electrical power or energy
under the provisions of this Act, and it shall not be neces-
sary for the council of any municipal corporation, before
passing any by-law or issuing debentures thereunder for the
purposes of this Act, to fix any price to be offered to any
electric light company or gas company supplying or which
has heretofore supplied electric light or gas in such muni-
cipality or to take any further or other proceedings having
for their object the fixing a price to be paid by the munici-
pal corporation for the works and plant of any such com-
pany or any part thereof, or the purchase or expropria-
tion of such plant or any part thereof by such corporation,
unless the Commission, upon application to it by any such
electric light company or by the municipal corporation,
shall otherwise order or direct.

11. The Commission may, from time to time, report to Report of
the Lieutenant-Governor in Council, designating such ^Tcqulring a*
lands, water privileges, water powers or the lands, works, works' eU'
machinery and plant, or any portion thereof of any com-
pany

124 Chap. 15. HYDRO-ELECTRIC POWER COMMISSION. 6 EdW. VII

panj' or person owning, or holding under lease or other-
wise, or developing, operating or using any water privilege
or water power, or transmitting electrical or other power
or energy in the Province of Ontario which should, in the
opinion of the Commission, be purchased, acquired, leased,
taken or expropriated, developed, operated or used by the
Commission for the purposes of this Act, or may designate
what quantity of the product of any such corporation or in-
dividual developing electrical power or energy in the Pro-
vince of Ontario, or purchasing such power or energy the
Commission requires for the purposes of this Act.

teg^ven toma> 12. The Lieutenant-Governor in Council may, from time
commission. f0 time, upon the recommendation of the Commission,
authorize the Commission :

To acquire
lands and
works.

I'lant and
property of
transmission
companies.

(a) To acquire by purchase, lease or otherwise, or

without the consent of the owners thereof or
persons interested therein to enter upon,
take and use the lands, works, plant and
property of any company or person own-
ing, using and developing or operating lands,
water, water privileges, or works, plant and
machinery for the development of any water
privilege or water power for the purpose of gen-
erating electrical power or energy or for the
transmission thereof in the Province of Ontario,
and to develop and supply electrical power -or
energy ;

(b) To acquire by purchase, lease or otherwise, or

without the consent of the owners thereof or
persons interested therein to enter upon,
take, use, and to construct, maintain and
operate works, machinery, plant and ap-
pliances, lines of wires, poles, tunnels,
conduits and other works for the transmission
and delivery of electrical power or energy, and
to conduct, store, transmit and deliver electrical
power or energy^, and with such lines of wires,
poles, conduits, motors or other conductors or de-
vices to conduct, convey, transmit, distribute,
deliver, furnish or receive such electrical power
or energy to or from any person at any place
through, over, along or across any public high-
ways, bridges, viaducts, railways, watercourses,
or over or under any waters, and through, over
or under the lands of any person, and to enter
upon any lands upon either side of such lines or
conduits, and fell or remove any trees or limbs
thereof, or other obstructions, which, in the
opinion of the Commission, it is necessary to fell
or remove ;

(r)

1906.

HYDRO-ELECTRIC POWER COMMISSION. Cliap. 15

125

(c) To demand, order and direct the delivery to the Com- ^u1*e|^yer
mission of the whole or any part of the product companies."
of the works of any company or person de-
veloping or which proposes to develop a water
power or water privilege for the purpose of gen-
erating electrical power or energy in the Pro-
vince of Ontario, or to enter into agreements
with any such company or person for the sup-
ply of such product or any part thereof to the
Commission for the purposes of this Act.

13. Whenever the Lieutenant-Governor in Council shall Kev'stet0" 37
authorize the Commission to enter into, take, use and ex-
propriate the lands, works, plant, machinery, poles, wires
and other property and appliances of any such company or
person, or to take or expropriate the product of the
works of any such company or person as aforesaid, or
any portion thereof, the Commission shall have the powers
and shall proceed in the like manner as is provided in the
case of the Minister of Public Works taking lands or pro-
perty for the public uses of the Province of Ontario, and
the provisions of The Public Works Act shall, mutatis mu-
tandis, apply to the Commission acting under the authority
of the Lieutenant-Governor in Council in such behalf.

14. The expenditure of the Commission upon any works, ^VbOTneby
undertaken under the provisions of this Act, shall be re- municipalities,
payable to the Commission by the municipal corporations
entering into contracts with the Commission as hereinbe-
fore authorized.

15. In addition to the price per horse power payable by menteatoPbe*
any municipal corporation under the terms of a contract ™^c^alities
entered into with the Commission (which price shall in-
clude an allowance for generating, transforming and trans-
mission losses) every municipal corporation entering into

such a contract shall annually pay to the Commission its
proportion of the following charges :

(a) Interest at the rate of 4 per cent, upon the moneys

expended by the Commission on capital account
in the construction or purchase of the works,
plant, machinery and appliances constructed or
acquired by the Commission for the purpose of
developing, transmitting and delivering electri-
cal power or energy to such municipal corpora-
tion, and other municipalities, if any;

(b) An annual sum sufficient to form in thirty years a

sinking fund for the retirement of the securi-
ties issued by the Province of Ontario under this
Act for the payment of the cost of the works
hereinbefore mentioned ;

(«)

326

Chap. 15. HYDRO-ELECTRIC POWER COMMISSION. 6 Ed\V. VII

(c) The cost of operating, maintaining, repairing, re-
newing and insuring the said works, plant,
machinery and appliances.

^a°rtunment ^e Accountant °f the Commission shall annually

payable by a djust and apportion the amounts payable by municipal
municipahtiei. corp0rati0ns to the Commission under the next preceding
section.

Government j 7 The Lieutenant-Governor in Council may from time

authorized to . . _ . . ~,

raise funds to time raise by way of loan on the credit of the Province
workSofTy "r of Ontario as provided by the Act passed in the fifth year

commission.

of His Majesty's reign, Chapter 2, such sums as may be
required for the purposes hereinbefore mentioned, and the
proceeds of every such loan may be paid over to the Com-
mission for the purposes of this Act and be audited and
accounted for in the manner provided by the Statutes of
this Province respecting the management of the public
revenue, and public accounts.

commission to Jg, All sums received by the Commission from municipal

account for J . . *

monies corporations, railway and other companies under this Act
application of shall be duly accounted for by the Commission and shall be
same. paid over to the Treasurer of the Province of Ontario, to be

applied from time to time in the retirement of the securities
given by the Province for any loan raised under this Act by
the Lieutenant-Governor in Council.

complaints as 19. — (1) Upon the complaint in writing of any municipal
b^|hthherated ('orporation, company or person that any municipal
cower or gas ' corporation, company or person receiving power
irom the Commission under a contract as herein-
before mentioned is charging for supplying electric
lighting or heating or electric power or energy at a
rate which is excessive or unfair, or that any muni-
cipal corporation is making use of the power conferred upon
it by this Act for the purpose of granting bonuses by sup-
plying power, light or heat below cost to manufacturers or
others, the chairman of the Commission may appoint a time
and place at which the Commission or some member thereof
will hear and determine the matter in dispute.

Hearing of (2) Such notice of such appointment as the chairman may
•complaints. direct shall be given by the secretary of the Commission to
all parties concerned. At the time and place appointed the
Commission, or with the consent of all parties any member
of the Commission, shall hear and determine the matter in
dispute and shall make an order dismissing or allowing the
complaint and directing what rates shall be charged by the
municipal corporation, company or person against whom
the complaint is made, and regulating and determining the
rates and charges to be imposed by such municipal corpor-
ation, company or person, and directing the amend-
ment of any by-law or agreement accordingly.

(3)

1906.

HYDRO-ELECTRIC POWER COMMISSION. Chap. 15

1-27

(3) The Commission or the member thereof conducting the Powers of Com-
mission o
enquiry.

hearing shall have the powers authorized to be conferred m

upon a Commissioner appointed under The Act respecting
Enquiries Concerning Public Matters.

(4) Any such municipal corporation, company or person Penalty for
neglecting or refusing to obey and carry out the order or toSorder1ofCe
direction of the Commission or the member thereof con- commission,
ducting such case shall forfeit to His Majesty for the uses
of the Province the sum of $100 for every day during which
such refusal or neglect shall continue.

20. The Commission shall, whenever required by the commission to

T. , • r\ •■! j i ■ j. report on water

Lieutenant-Covernor m Council so to do, enquire into, powers, etc.,
examine and investigate water powers or water privileges in when re(iulred'
the Province and report to the Lieutenant-Governor in Coun-
cil upon the value and capacity thereof, with such other
information as the Lieutenant-Governor in Council may
require. Every report of the Commission shall be laid be-
fore the Legislative Assembly at its next ensuing session.

21. No action shall be brought against the Commission broughtagaiilst
• or against any member thereof for anything done or omit- Commission
ted in the exercise of his office without the consent of the consent of
Attorney-General for Ontario. Genera?

22. The powers of expropriation conferred by this Act Extent of
shall extend to lands, works, rights, powers and privileges, expropriation,
notwithstanding that the same are or may be deemed to

be devoted to a public use or that the owner thereof pos-
sesses the power of taking lands compulsorily.

CHAPTER

128

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

CHAPTER 16.

An Act respecting Agricultural Societies.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

short title. 1. This Act may be cited as The Agricultural Societies

Act.

interpretation. 2. In the construction of this Act;

Department. (1) "Department" shall mean "The Department of
Agriculture" ;

Minister. (2) "Minister" shall mean "The Minister of Agricul-

ture for the Province of Ontario";

superintend- . (3) "Superintendent" shall mean "The Superintendent
of Agricultural Societies";

society. (4) "Society" shall mean any agricultural society

formed under this or any previous Agriculture and Arts
Act.

societies 3. All agricultural societies organized under The Agri-

culture and Arts Act, shall be continued except in so far
as they may be altered or affected by this Act.

Minister to de- 4. The Minister may decide all matters of doubt or dis-
aris!ngunderm pute as to the working or construction of this Act, and his
Act- decision shall be final, except that an appeal therefrom

may be made to the Lieutenant-Governor in Council.

inspection. 6. The Minister may appoint any person or persons to
inspect the books and accounts of any society in the Pro-
vince receiving Government aid, under or by virtue of
this Act, and may empower such person to summon wit-
nesses and enforce the production of documents before
him, and to take evidence upon oath in regard to such
inspection ; and all officers of any such society, whenever
required so to do, shall submit the books and accounts
thereof to such inspection, and shall truly to the best of
their knowledge answer all questions put to them in rela-
tion thereto, or to the funds of such society.

1906. agricultural societies. Chap. 16 1'29

6. — (1) Subject to the provisions of the following subsec- 0rglinization'
tion an agricultural society, hereafter, may be organized in

any section of the Province.

(2) An agricultural society, hereafter, shall not be JJ0im?sttaat^°:° as
organized within 20 miles of an existing society, organ- from nearest
ized under this Act, or under any former Agriculture and

Arts Act, unless the physical, or other natural condi-
tions of the adjoining country, are such that the forma-
tion of such society will not injuriously affect the nearest
adjoining society.

(3) An application for permission to organize a new pl^^&uto01
society at a specified point that is within 20 miles of the organize within

■ '20 miles ot tin-

headquarters of an existing society, shall be made in writ- other society,
ing to the Minister, and shall set forth clearly and fully
the facts of the situation, and shall be signed by at least
sixty of the persons desirous of forming such society,
except in judicial districts or unorganized counties, where
the number shall be at least 40. Upon receipt of such
application the Minister shall instruct the Superintendent
to confer with, and if necessary to call a special meeting
of the officers of the existing society whose headquarters
are at the point nearest to the point at which it is proposed
to form a new society, at which meeting said officers, by
resolution, shall place themselves on record as being in
favour of or opposed to the granting of said application.
Should said resolution favor the granting of said appli-
cation, then the Minister may, through Order-in-Council,
grant permission for the formation of said society. When Arbitration,
opposition is expressed to the granting of said application
the Superintendent shall call upon the interested exist-
ing society, and upon the petitioners to appoint one arbi-
trator each, and said two arbitrators shall appoint a third
arbitrator, and these three arbitrators, thus chosen, shall
consider the granting of said application, and make a
recommendation on same to the Minister.

(4) If either the signers of the petition or the officers when Minister
of the interested existing society refuse to appoint an maj eci
arbitrator, then the Minister may grant or refuse the appli-
cation of the signers, as he may deem best.

(5) The parties concerned in all such disputes shall Deposit to
deposit with the Department such moneys as may be cover expenses,
required to pay all expenses connected therewith, such
payment to be made according to the decision of the arbi-
trators, or a majority of them.

7. The mode of organization shall be as follows: — organization.

(a) A declaration in the form of Schedule A to this °f
Act shall be signed by persons (residing with-
in ten miles of the point designated as the head-
quarters of the society) desiring to organize a
9s. society

130

Chap. 16.

AGRICULTURAL SOCIETIES.

6 Edw. VII

Qualification of
members.

Firms and com-
panies may be
members.

Transmitting
declaration to
Minister.

First meeting.

Quorum .

society under this Act. The number of such
persons shall be at least 60, except in the case
of societies organized in judicial districts and
unorganized counties, where the number shall
be at least 40.

(b) No person shall be considered a member of any

society for any year unless he shall have paid
at least one dollar into the funds of that society
as membership fee for that year.

an incorporated company may become a mem-
ber of any society incorporated under this Act
by the payment of the regular fee, but the
name of one person only shall in any one year
be entered as the representative or agent of
such firm or company, and that person only
shall exercise the privileges of membership in
the society.

(d) Within one month after the money has been so

paid the said declaration, with the names and
addresses of the signers of same, shall be trans-
mitted to the Minister, who shall thereupon
authorize a person to call the first meeting for
the organization of the society.

(e) The first meeting of the society shall be held dur-

ing the third week of January next ensuing,
at the point designated as the headquarters of
the society, of which meeting at least two weeks'
public notice shall be given by advertisement
in one or more newspapers published in the dis-
trict, and also by printed placards or bills
posted in local places of common resort.

(/) At the said first meeting, and at any subsequent
meetings of any agricultural society ten mem-
bers shall constitute a quorum.

Election of
officers.

(g). — (i) At the said first meeting there shall be elected
a president, a first vice-president, a second vice-
president, and not more than nine other direc-
tors, who shall be duly qualified members of
the society, or who must become so within 14
'days after their election, and who, together
shall form the board of directors, a majority
of which board shall reside within ten miles
of the place designated as the headquarters of
the society. At the said first meeting the
society shall appoint two auditors for the ensu-
ing year.

9a s. (ii)

1906.

AGltlCULTUKAL SOCIETIES.

Chap. 16

131

(ii) On petition of any society the Minister may Diroctors-
authorize the society to elect not more than six
persons to act as directors, in addition to those
already provided for.

(Hi) Societies may appoint not more than six hon- honorary
orary directors, but such directors shall not
have the right to vote or take part in meetings
of the board of directors.

(h) The board of directors from among themselves or secretary and
otherwise, shall appoint a secretary and a tmlsurer-
treasurer, or a secretary-treasurer, who shall
remain in office during pleasure. The secre-
tary or the secretary treasurer, by virtue of his
office, shall be a member of each committee
appointed, and may be given the power of man-
aging director, acting under the control and
with the approval of the board of directors.

(t) The board of directors, from among themselves, Executive

v ' . ' . ■,, p i committee.

may appoint an executive committee of not
more than five members, to whom it may desig-
ate such duties as it, by resolution, may specify.

(j) A report of the organization meeting, certified Report of or-
by the president, the secretary and the conven- nTee\1n^°tobe
or, and containing a statement of the number *^tt0 Uepiirt"
of members and a list of the officers elected
and appointed, shall be sent to the Department
within one week- after the holding of the meet-
ing.

. — (a) Upon the receipt of such report the society so society when

jini i n • i, ^ organized to

organized snail be deemed an agricultural be deemed an
society, within the meaning of this Act, and slSety'?11™1
shall bear the name designated in the declara-
tion as the headquarters of the society, or
by such name as may be determined by the
members and approved by the Minister.

(b) For the purpose of this Act, the headquarters of Headquarters
any society organized under any previous Agri- °f society'
culture and Arts Act shall be the place at which
the said society held its last annual exhibition,
or which it has designated by by-law or reso-
lution, at a meeting duly called for the pur-
pose, as its headquarters or place of holding
its exhibition, a certified copy of which by-law
or resolution shall be forwarded to the Depart-
ment and the said society shall hereafter be
designated by the name of the said place, or
by such name as may be determined by the
members and approved by the Minister.

132

Chap. 16.

AGRICULTURAL SOCIETIES.

6 Edw. VII

societies0* ^' — ^ °bjects °^ agricultural societies shall be to
promote improvement in agriculture, horticulture, arbori-
culture, domestic industry, manufacturers and the use-
ful arts;

(a) By awarding premiums for live stock (other than
grade breeding males) for agricultural or horti-
cultural implements and machinery, for the
production of grain and of all kinds of vege-
tables, plants, flowers, fruits, home manufac-
tures, and generally for excellence in any agri-
cultural or horticultural production or opera-
tion, article of manufacture or work of art.

(6) By organizing plowing matches, holding seed
fairs, spring stallion and bull shows, competi-
tions respecting standing crops, and for the
best or best managed farms.

pose of owning or distributing pure bred regis-
tered animals, and seeds and plants of new and
of valuable kinds.

(d) By promoting the circulation of agricultural

periodicals ;

(e) By offering prizes for essays on questions of

scientific inquiry relating to agriculture, hor-
ticulture, domestic industries, manufactures
and the useful arts ;

(/) By taking action to eradicate poisonous and ffox-
ious insects and weeds.

expe^iduurelo (2) Societies that expend any of their funds, no matter
forfeitigrant. ]l0W derived, for any purpose inconsistent with those

herein mentioned, shall forfeit all claim to the legislative

grant.

ingsUal meet 10- — (1*) The annual meetings of the several societies
shall be held in the third week of January of each
year, at the headquarters of the society and at the hour
of one o'clock of the afternoon. At any such meeting
only those who have paid their subscription for the ensu-
ing year shall be entitled to vote.

meetings ^ ^eas^ ^w0 weeks' previous notice of any such meet-

ing shall be given by advertisment in one or more news-
papers published in the municipality or municipalities in
which the society is organized, and also by printed
placards or bills posted in places of common resort, or
by sending the same by registered letter, mailed to the last
known post office address of each member of the society
in good standing, such notices to be mailed at least one
week previous, and to state time and place of meeting.

(3)

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

133

(3) In case any society shall, through any cause, fail to en meeting
hold its annual meeting at the time appointed, the Mini- appointed

. . i t-» . time

ster, on petition of the President and Secretary, may ap-
point a time for holding the same before the first day of
March in the same jear, the meeting to be called as for
the regular annual meeting, and this - meeting in all par-
ticulars shall be taken as the annual meeting of the
society.

(4) In the event of the annual meeting not being held Jr°ar*f ;fu™e°ft.
as provided for in this Act, or in the event of the number ing not held,
of members on the first day of September in any year

being less than the number required for organization, the
society shall not be entitled to receive any further finan-
cial aid from the Legislature of the Province, and shall
be deemed to have dissolved, but the directors elected at
the last properly constituted meeting of the society prior
to the said first day of September shall be deemed to be
the trustees of the assets of the society until the same are
disposed of by the order of the Minister.

(5) In the case of any society being dissolved or ceasing Reorganization
to exist it can be re-organized only by proceeding under

section 7 of this Act and in accordance with section 6.

(6) Upon being notified or becoming aware of the dis- SurpiusaSeTs"'

l x« » • i i ,i • • n ,i to be delivered

solution of any society under the provisions of the pre- to department
ceding subsections the Minister may order the directors on dissolutio»-
to deliver over to the Department the assets, if any
lemaining after all just debts have been paid.

11. In addition to any other business the following busi- Businessat
ness shall be transacted at the annual meeting : meeting.

(a) The board of directors shall present at such meet- Report of
ing a report of their proceedings for the past directors'
calendar year, in which shall be stated the
names of all the members of the society, the
amount paid by each being set opposite to his
name, the amount offered and also the amount
awarded in prizes for each kind of live stock,
agricultural products, implements, domestic
products or other objects respectively, and the
number of entries in each class, together with
such remarks and suggestions upon the agri-
culture and horticulture of the district, and the
arts and manufactures therein as they are
enabled to offer;

(6) The board of directors shall present a detailed Statement of
statement of the receipts and expenditures rxpendifure.
for the preceding year, also a statement of the
assets and liabilities of the society at the end
of the year, certified to bv the auditors;

provided,

134

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

Reports to be
recorded and
fyled .

provided, shall be elected by the members, and
auditors shall be appointed for the ensuing
year.

-12. The said reports shall, if approved by the meeting,
be placed on permanent record in the books of the society,
and shall also be sent within one month to the Department,
and the Minister may require all such reports to be made
out on schedules to be supplied by the Department in
such form as he may direct. Failure to comply with these
requirements shall be sufficient to forfeit all claim, on the
part of the society, to participation in the legislative
grant.

By-laws and
regulations.

13. — (a) The members of each society may, at an annual
meeting or at a special meeting, of which two
weeks' previous notice has been given by adver-
tisement in the manner required by subsection
2 of section 10, make, alter and repeal by-laws
and regulations for the general management
of the society; subject to these by-laws and
regulations, the board of directors shall have
full power to act for and in behalf of the
society, and all grants and other funds of the
society shall be received and expended under
their direction.

Special
meetings.

(6) On petition of thirty members of any society, the
secretary shall call a special meeting of the
society for the consideration of such matters
as may be set forth in the petition, the meet-
ing to be advertised as set forth in subsection
2 of section 10, and the advertisements to set
forth the nature of the business to be transacted.

Meetings of
board of
directors.

14. The first meeting of the board of directors of a
society may be held upon the day of the annual meeting,
and the subsequent meetings shall be held pursuant to
adjournment or be called by written notice given by auth-
ority of the president, or, in his absence, of the first
vice-president, or in the absence or on the neglect of the
president or vice-president, then on the written request
of any three of the directors, at least one week before the
day appointed, and at any meeting five shall be a quorum.

Societies to be
bodies cor-
porate .

15. — (1) All societies now or hereafter organized, shall
be bodies corporate, with power to acquire and hold land
as a site for fairs and exhibitions and, subject to the appro-
val of a meeting of the society called for the purpose, to
sell, mortgage, lease, or otherwise dispose oi the same, or
anv other property held by such societies.

(2)

1906.

AGRICULTURAL SOCIETIES.

Chap. 16 135

(2) At least two weeks' previous notice of such meeting Notice of meet-
shall be given by advertisement in one or more news- difpo^iuon^ol"
papers published in the county or district and by printed Pr°Perty-
placard ; and at such meeting only those persons shall be
entitled to vote who are members for the current year and
who were members for the two previous years.

(3). — (a) If the owner of the land selected as a site for Acquiring site,
fairs and exhibitions approved of at a meeting |x price?11 10
of the society called for that purpose, refuses
to sell the same or demands therefor a price
deemed unreasonable by the board of directors
then such owner and such board of directors
shall each forthwith appoint an arbitrator, and
the arbitrators so chosen shall appoint a third
arbitrator, and such arbitrators or a majority
of them shall appraise the damages for such
land.

(b) If the directors or the owner of such land selected Appointment

.. 0 « • j 1 •-, ... in l ,of arbitrators.

as a site tor fairs and exhibitions, snail neglect
or refuse to appoint an arbitrator, the senior
county judge of the county in which the dis-
trict lies may appoint an arbitrator on behalf
of the party so neglecting or refusing to ap-
point an arbitrator as aforesaid.

hear and determine all claims or rights of en- arbitrators.
cumbrancers, lessees, tenants or other persons
as well as those of the owner of the land re-
quired for the purpose of such site for fairs and
exhibitions, upon notice in writing to every
such claimant or person.

(d) Upon payment of the amount of damages appraised Payment of

by a majority of the arbitrators appointed as comPensation-
aforesaid, to the owner or other persons entitled
thereto bv the directors, the land may be taken
and used for the purposes aforesaid.

(e) Any award for a site for fairs and exhibitions made utTetoproperty

and published under this Act, if there be no
conveyance shall be deemed thereafter to be
the title of the society to the land mentioned
in it, and shall be a good title thereto against
all persons interested in the property in any
manner whatever and shall be registered in the
proper registry office, on the affidavit of the
secretary and treasurer or secretary-treasurer of
the directors verifying the same.

(/) The parties concerned in all such disputes shall Expensesof

n ,n . , . ,-, , arbitration.

pay all the expenses incurred m them, accord-
ing

136

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

to the award or decision of the arbitrators or
a majority of them.

L?eutenant ^ ^~^e Prov^s^ons °f the foregoing subsections shall
Governor to be exercised only after consent in that behalf shall have
proceedings, been obtained from the Lieutenant-Governor in Council
by Order in Council.

joint owner- 16. Any township society and town or village muni-
grounds and cipality that had, prior to the 4th day of March, 1868,
buildings. jointly purchased and held any lands or buildings for the
purpose of agricultural fairs or exhibitions, may continue
j,ointly to hold such lands or buildings, or may sell, mort-
gage, lease or otherwise dispose of the same, subject to
the approval of a meeting of the society as provided in
section 15.

Dissolution of 17. Where two or more municipalities have been united
union socie les. un(jer ^e provisions of any former Agriculture and Arts
Act to form a township society, a dissolution of such union
society may be effected in the following manner : a petition
requesting a dissolution and the organization of new
societies shall be signed by a majority of the members
residing in any one of the municipalities and shall be for-
warded to the Minister, and if the number so signing is
equal to the number required for the organization of a new
society as in section 7, the Minister shall direct that new
societies shall be organized in the manner prescribed in
section 7, and the former union society shall thereupon
become dissolved and shall cease to exist.

Disposition of ig Qn ^e dissolution of a union society the assets of

assets on disso- . i n i • • i i • ■ i j

lution. the said society shall be equitably apportioned or divided

by arbitrators, or a majority o'f them, one to be appointed
by the board of directors of each of the new societies, and
another arbitrator to be chosen by the arbitrator so ap-
pointed, or in the event of the said arbitrators failing to
choose such arbitrator within ten days after being appoint-
ed, then the Senior County Judge or the Stipendiary
Magistrate having jurisdiction in the district shall appoint
such arbitrator. In case of disagreement the matter shall
be referred to the Senior Judge of the County or the Stipen-
diary Magistrate, for final decision.

toXpartment8 19. — (1) On or before the first day of March of each
year, the officers of everv society shall send to the Depart-
ment an affidavit, sworn to before any Justice of
the Peace, in the form of Schedule B, annexed to this
Act, stating on forms to be provided by the Department,
the exact financial transactions of the society during the
previous years. This statement shall set forth plain-
ly the number of members in good standing that

belong

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

137

belong to the society. This statement shall also
give the amount of moneys that were paid in prizes for
horses, cattle, sheep, swine, poultry, articles of domestic
manufacture, other products of the farm, orchard and
garden and that were expended for such other purposes as
are set forth in section 9 of this Act. If a spring stallion
show, a spring bull show, or a combined spring stallion
and bull show, has been held, or a spring seed fair, such
statement shall set forth separately and shall show plainly
the number of entries, and the amounts expended in prizes.
Such moneys shall be considered as having been expended
for agricultural purposes.

(2) Any society failing to send in this statement within Failure to send
thirty days shall forfeit all claim to a grant for the current m returns'
year.

20. Every society organized under or recognized by this Grants of
Act, shall be entitled to receive a grant out of the unap- fu'nds"01"1
propriated moneys in the hands of the Treasurer of the
Province, the grant to be paid on the recommendation of

the Department, and upon the following conditions :

(a) That the number of paid-up members for the cur-

rent year is not less than sixty, except in the
case of societies organized in judicial districts
or unorganized counties, when the number of
paid up members must not be less than forty.

(b) That all reports and returns required by this Act

have been made to the satisfaction of the Min-
ister.

and officers elected, in accordance with section
11.

(d) That the objects of the said society, as given in

section 9, have been strictly adhered to, and
that none of the funds of the society, from what-
ever source derived, have been expended in any
manner not in harmony with these objects.

21. An amount not exceeding $70,000 shall be subject Division of
to division among the societies of the Province on the fol- Srantncia
lowing basis : —

(a) Societies that have owned and maintained pure
bred stock, for the benefit of their members, for
a period of at least nine months during the pre-
ceding year, shall receive a grant of $50 for
every registered stallion, $20 for every regis-
tered bull, $10 for every registered boar and
$5 for every registered ram so owned, and a spe-
cial

138 Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. VII

cial membership grant of one dollar for every
member of the society in good standing, up to
fifty.

(b) Societies that bold a spring stallion show, a spring

bull show, or a combined spring stallion and
bull show shall receive a grant equal to one
half the sum expended in the holding of such
show, but such sum shall not exceed fifty
dollars.

a grant equal to one half the sum expended in
the holding of such fair such sum not to exceed
twenty-five dollars..

(d) Newly organized societies, the first three years of

their existence, shall receive a grant each year
equal to one dollar per member up to 600
members, except in the case of societies organ-
ized in judicial districts and unorganized coun-
ties where the grant shall be equal to two
dollars per member.

(e) . — (i) The remainder shall be divided among the

societies of the Province, other than new
societies, in proportion to the amount they ex-
pended during the preceding three years, for
agricultural purposes, as shown by their sworn
statements, and as defined in section 19 of
this Act, and there shall not be included in such
expenditure moneys used for the purchase or
maintenance of pure bred stock, for the hold-
ing of spring stallion shows, spring bull shows,
or combined spring stallion and bull shows or
for spring seed fairs.

(it) Societies in judicial districts and unorgan-
ized counties shall be entitled to receive their
grants on the basis of double their actual ex*
penditure for agricultural purposes.

(/) A society shall not be entitled to receive a total
grant exceeding $800.

(g) Should it be found, within one year after the
receipt, by the Department, of a society's
annual statement, that an officer or officers of
the society, has wilfully made false returns,
with an intention to deceive, such officer or
officers shall be liable, upon summary convic-
tion before a Justice of the Peace, to a fine not
exceeding $ 100 or imprisonment in the common
gaol of the county for a period not exceeding
thirty days.

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

139

22. — (1) It shall not be lawful to carry on any horse- Horseracing
racing other than trials of speed under the control and prohlblted-
regulation of the officers of the society during the days
appointed for holding any exhibition by any society, at

the place of holding the exhibition or within five miles
thereof.

(2) Any person who is guilty of a violation of this sec- Penalty,
tion shall be liable, upon summary conviction before a
justice of the peace, to a fine not exceeding $50, or im-
prisonment in the common gaol of the county for a period

not exceeding thirty days.

(3) In case any person is convicted under this section, Society to for-
the society thus proven to have permitted horse-racing eitgrant-
shall be debarred from receiving any portion of the legis-
lative grant in the next ensuing year.

23. — (1) The exhibition of any society shall be held at Exhibitions,
the point designated as the head quarters of the society.

(2) Whenever the members of any society have by by- headquarters
law or resolution fixed upon a place as the head quarters of society,
of the society, or upon any place or places for holding the
exhibition or exhibitions of such society for any year or
years, then the place or places so designated shall not be
changed to any place within 20 miles of the head quarters
of an existing society, but it may be changed to any place
not within such radius upon the decision of a majority of
the qualified voters as follows ; —

(a) A special meeting shall be called by the board of

directors, or by thirty members as provided in
subsection (b) of section 13, for the expressed
purpose of considering the question.

(b) At least two weeks' previous notice of such meet-

ing shall be given by advertisement as in sub-
section 2 of section 10.

were also members in the previous year shall
be qualified to vote.

(d) The meeting shall be called for ten o'clock in the

forenoon, and if a poll is demanded it shall be
opened at once and remain open until six
o'clock, except that it may be closed by the
presiding officer of the society if at any time
one hour elapses without any vote being polled.

24. The exhibitions of any society shall be held at such l^1,"^ tohave
place only as shall afford sufficient accommodation f or "^Xoda-
such exhibitions. tion.

140

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. YII

Power to with- 2o
hold prizes
when fraud
shown .

The board of directors of any association or society
organized under this Act, on being made aware of any
fraud having been committed by any member or exhibitor
in the entry of any stock or goods in competition for prizes
at any exhibition, shall have the power of withholding the
payment of any prizes that may have been awarded by the
judges to such members or exhibitors on such fraudulent
or any other entries made at any such exhibition.

KEEPING THE PEACE, ETC., AT EXHIBITIONS.

Appointment
of constables.

26. Any Justice of the Peace having jurisdiction in any
city, town, village or township, wherein a fair or exhibi-
tion is or is to be held, shall, on the request of the presi-
dent or executive committee of any agricultural society,
appoint as many policemen or constables as may be requir-
ed, at the expense of such society, said policemen or con-
stables to be named by such society, whose duty it shall
be to protect the property of such society within the exhi-
bition grounds, and to eject all persons who may be
improperly within the grounds, or who may behave in a
disorderly manner, or otherwise violate any of the rules
or regulations of such society.

Interfering
with officers.

27. If any person wilfully hinders or obstructs the offi-
cers or servants of any agricultural society in the execu-
tion of their duty, or gains admission to the said grounds
contrary to the rules of such society, he shall be liable to
a fine of not less than $1 nor more than $20; such fine to
be enforced and collected as fines are usually collected,
and to be paid over to such society for its use and benefit ;
and in default of payment the said offender shall be
imprisoned in' the common gaol for a period of not more
than thirty days.

Prohibiting
certain shows
and perform-
ances, etc.

Duty as to
preventing
improper
shows.

28. — (1) The officers of any such society may by their
rules and regulations prohibit and prevent all kinds of
theatrical or circus or acrobatic performances, exhibitions
or shows, and may also regulate or prevent the huckster-
ing or trafficking in fruits, goods, wares or merchandise
on the exhibition grounds, or within 300 yards thereof;
and any person who, after due notice of such rules and
regulations, violates the same shall be liable to be removed
by the officers, policemen or constables of said society,
and be subject to the penalty prescribed by the next pre-
ceding section.

(2) The officers of any such society shall prevent all im-
moral or indecent shows and all kinds of gambling and all
games of chance, including wheels of fortune, dice games,
pools, coin tables, draw lotteries or other illegal games at
the place of holding the exhibition or fair, or within 300

yards

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

141

yards thereof, and any association or society permitting
the same shall forfeit all claim to any legislative grant
during the year next ensuing.

(3) The officers of any such board shall not allow any GambUng
person to exhibit either publicly or to any individual any
gambling device or to bring any such gambling device

into the buildings or upon the grounds in or upon which
the exhibition or fair is being held.

(4) No person shall carry on, or assist, or aid in carry- Gambling
ing on any kind of gambling, or any game of chance, at Prohlblted-
any agricultural, live stock, or industrial exhibition or

fair, or within half a mile thereof.

(5) It shall not be lawful to sell or to have for sale on any sale of liquor
exhibition ground during the time of holding an exhibition p70h™tedS
any wine, beer or spirituous liquors, and any society per-
mitting the same shall forfeit all claim to any grant during

the next ensuing year.

(6) Any person violating the provisions of this 'section Penalty,
shall be liable on summary conviction to a fine of not less
than $20 besides costs, and not more than $100 besides
costs. • i

(7) This section shall apply to all exhibitions held by Application of
societies coming within the above mentioned classes sectl0n'
whether incorporated under the said Act or not.

29. — (1) Any Dominion or Provincial constable shall ^°^nSj°^ d
have the right of free entrance to the grounds and to all Provincial
the buildings on the grounds where a fair or exhibition is Constables
being held under the direction of any society or associa-
tion to which this Act applies, during the time that the
fair or exhibition is being held.

(2) Any constable or other peace officer may, without seizing and
warning or notice, immediately seize all devices and instru- gambling"^
ments used by any person in connection with any kind of devices- etc-
gambling or games of chance or immoral or indecent side
show, and may arrest such person without warrant and
take him before the nearest magistrate having jurisdic-
tion, there to be dealt with according to law, and every
such device or instrument after the conviction of the per-
son concerned, shall be destroyed under the direction of
the magistrate before whom the case is tried.

GENERAL PROVISIONS AS TO ELECTIONS.

30. All persons not under eighteen years of age who who may vote
have paid the membership subscription for the year then at meetmg-
next ensuing to any society to which this Act applies, shall
have the right of voting at the election of officers, and on
all other questions submitted to the annual meetings of
such societies.

142

Chap. 16.

AGRICULTURAL SOCIETIES. 6 EDW. YII

When votes
may not be
received.

31. No membership subscription for the ensuing year
paid after the president or presiding officer has declared
the poll open for the election of officers shall entitle any
member to vote for such officers, nor shall any votes be
received earlier than one o'clock in the afternoon nor later
than six o'clock in the afternoon of the same day.

Vacancies in
offices.

32. Except as otherwise provided, a vacancy occurring
by the death or resignation of any officer of an agricultural
society organized under this Act may be filled by the
remaining officers thereof; and it shall be the duty of
such officers, and they are hereby empowered to nominate
and appoint a fit and proper person to fill the office for
the unexpired term of the person so dying or resigning;
but in the event of the remaining officers being insufficient
to form a quorum, or if for any reason a quorum cannot
be obtained, then persons to fill the vacant offices shall be
elected in manner provided in the next section.

Failure to
elect.

Special meet-
ings for elec-
tions.

33. — (1) In the event of an election of any officers of
a society coming within the provisions of this Act not
being held at the time or place herein directed, or being
for any reason illegal and void, then the persons in office
at the time when such officers should have been elected
shall continue to be, and shall be deemed to be, the officers
of such society until their successors are legally appointed.

(2) In the event of any such non-election or illegal elec-
tion, a special meeting of the members of such society
shall be called as soon as practicable for the election of
such officers ; such meeting to be called (in the manner
provided in subsection 2 of section 10) by the president,
or, in his absence or on his neglect, by the vice-president,
or in the absence or on the neglect of the president and
vice-president, then by any three members of the society
or other body; and at such meeting the election of officers
shall take place, and the persons elected shall thenceforth,
until their successors are appointed, be and be deemed to
be the officers of such society.

MEETINGS OF DIRECTORS.

Special meet- 34. A special meeting of the directors of any society
directors organized under this Act may be called by the president
thereof, or, in his absence or on his neglect, by the vice-
president, or, in the absence or on the neglect of the
president or vice-president, then by any three members of
such body, of which meeting at least seven days' notice
shall be given to each member; and, except as otherwise
provided for, a majority of the directors of any such body
shall be a quorum.

SECURITY

1906.

AGRICULTURAL SOCIETIES.

Chap. 16 143

SECURITY BY TREASURER.

35. — (1) The treasurer of every society organized under security by

treasurer "*
society .

this Act before entering upon the duties of his office shall tre

give such security, either by joint or several covenant
with one or more sureties, which may be in such form as
the board of directors or other managing officers may deem
necessary, for the faithful performance of his duties, and
especially for the duly accounting for and paying over all
moneys which may come into his hands.

(2) It shall be the duty of every such board in each and ^tJ.ociSy^
every year to inquire into the sufficiency of the security

given by such treasurer and report thereon ; and where the
same treasurer for any society is re-appointed from year
to year his re-appointment shall not be considered as a
new term of office, but as a continuation of the former
appointment, and any bond or security given to the society
for the faithful performance of his duties under such re-
appointment shall continue valid as against the parties
thereto.

(3) Where 'the officers of a society neglect to obtain Personal re-
proper security they shall become personally responsible iossnslbl'lty f°r
for all funds of the society in the possession of the
treasurer.

MUNICIPAL AID TO AGRICULTURAL AND OTHER SOCIETIES.

36. — (1) The municipal council of any city, town, vil- Grants from
lage, county or township in this Province may grant or councils!*1
loan money or grant land in aid of any agricultural
society formed within the limits of the municipality, or
partly within the limits of such municipality and partly
within the limits of other municipalities, or wholly within
the limits of an adjoining municipality, when such society
has made the returns required by this Act to be made to the
Minister, provided always that the total amount or value
of the money or land heretofore or hereafter granted or
loaned by any municipality to an agricultural society
under this section shall not exceed, in the case of a city,
$3,000, in the case of a town, $2,000, and in the case of a
village, $1,000.

(2) If such grant is a loan of money to enable the security for, £
society to acquire lands, such municipality may hold the municipalities,
lands so acquired or may take a mortgage thereon, as
security for the amount of such grant until the amount
of such grant be repaid to the municipality; and any such
grant heretofore made in accordance with the provisions
of I his Act shall be legal and valid.

(3)

144

Chap. 16.

AGRICULTURAL SOCIETIES .

6 Edw. VII

Agreements as (3) Any of the said municipalities owning lands or build-
ing^6 of DUIld" nigs f°r public purposes shall have the power to make
agreements on such terms and for such periods as they may
deem expedient with any company now formed, or here-
after to be formed, under the provisions of chapter 196
of the Revised Statutes of Ontario, 1897, or of any amend-
ment that may be made thereto, or with any agricultural
society for the use of such lands or buildings, or either of
them, or for the privilege of erecting on said lands (sub-
ject to such terms as may be agreed on) such buildings
as they may require for agricultural or industrial shows,
and to give the said companies the power of renting said
grounds and buildings when owned by said company to
any agricultural society formed under this Act or any
amendment thereto, to and for the purposes of the annual
show or shows of said society, and to grant to such com-
pany or society the power to collect during said show, or
at other times, as may be agreed, from any person wishing
to go into or upon any such grounds or buildings, or for
any privileges thereon, or for any carriage, wagon or other
vehicle, or for any horse or other animal that may be
taken thereon, such entrance fee or other charge as the said
company or society may deem necessary or expedient.

special aid 37. In addition to the amount divided under section 21 of
to°certa{nes>e this Act, a sum not exceeding ($5,000) five thousand dollars
hibitions. shall be subject to division among The Industrial Exhibi-
tion Association of Toronto ; The Central Canada Exhibi-
tion Association of Ottawa, and The Western Fair Associa-
tion of London, in proportion to the amount of moneys
expended for agricultural purposes as set forth in section
9 of this Act, provided that not more than $2,500 be paid
to any one society, upon the following conditions :

(a) That returns similar to those required in sections

11 and 19 have been made to the Minister;

(b) That the provisions laid down in section 28 of this

Act have been strictly adhered to or enforced in
connection with the exhibition held by the so-
ciety in the previous year.

Repeal of cer- 38. All sections of The Agriculture and Arts Act are
in Rev° Stat?8 hereby repealed, in as far as they apply to agricultural
c- 43- societies.

Commence-
ment of Act.

39. This Act shall come into force on the first day of
February, in the year one thousand nine hundred and
seven.

SCHEDULE

1906.

AGRICULTURAL SOCIETIES.

Chap. 16

145

SCHEDULE "A."
{Section 7).
Declaration of Association.
We, whose names are subscribed hereto, agree to form ourselves
into a society, under the pro visions of The Agricultural Societies Act,
to be called the Agricultural Society of (designating the point that
the Department will be asked to recognize as the headquarters of
the society), and we hereby severally agree to pay to the treasurer
the sums opposite our respective names ; and we further agree to
conform to the by-laws and rules of the said society.

Names. $ cti.

SCHEDULE B.

(Secticn 19. J

Affidavit as to Membership and Payments for Agricultural

Purposes.

I, of treasurer of

the Agricultural Society, make oath and

say that during the year ending 31st day of December, 19 , the
said Agricultural Society expended the sum of dollars,
solely for agricultural purposes, as set forth in the audited finan-
cial statement of the society, and,

That the number of members of the said society for the present
year is

Sworn before me this

day

Treasurer.

Justice of the Peace for
the County of

or a Commissioner in H.C.J.

10 S.

CHAPTER

146 1 Chap. 17.

AGRICULTURAL ASSOCIATIONS.' 6 EDW. VII

CHAPTER 17.

An Act respecting Agricultural Associations.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

short title. 1. This Act may be cited as The Agricultural Associa-
tions Act.

"Association." 2. The word " Association" in this Act shall mean any one
of the organizations referred to in section 3.

"Minister." The word " Minister" in this Act shall mean the Minister of
Agriculture.

certain bodies 3. The following Associations, Societies and Organizations
corporations!6 shall be or continue to be bodies corporate under the pro-
visions of this Act : —

The Fruit Growers' Association of Ontario.

The Entomological Society of Ontario.

The Dairymen's Association of Eastern Ontario.

The Dairymen's Association of Western Ontario.

The Western Ontario Poultry Association.

The Eastern Ontario Poultry Association.

The Ontario Bee-keepers' Association.

The Ontario Agricultural and Experimental Union.

The Dominion Sheep Breeders' Association.

The Dominion Swine Breeders' Association.

The Dominion Cattle Breeders' Association.

The Canadian Horsemen's Association.

The Ontario Horse Breeders' Association.

The Ontario Vegetable Growers' Association.

(a) The name of the Canadian Horse Breeders' Associa-
tion, incorporated under The Agriculture and Arts Act, is
hereby changed to that of The Canadian Horsemen's Asso-
ciation.

10a s. 4.

1906.

AGRICULTURAL ASSOCIATIONS.

Chap. 17

147

4. The membership of each Association shill consist of Membership,
annual subscribers, and the membership fee shall be decided

by by-law.

5. Each of such Associations shall have a constitution and ^t^"t1i°^s_
by-laws under which the Association shall be conducted, and

the constitution and by-laws must be approved by the
Minister, and any change, alteration or repeal of the same
must be submitted to and approved by the Minister before it
shall have force or effect.

6. Each Association shall hold an annual meeting at such Annual .
time and place as may be determined by by-law.

7. Each Association at its annual meeting shall elect a Election of
Board of Directors, the number of directors, their representa- directors-
tion of certain districts or classes of members, and their mode

of selection being determined by by-law.

8. The members may elect as director a person not a Director need

• not dg roonioor

member of the Association, but the person so elected must, of association,
within ten days, become a memher, and he shall be entitled to
act as director only after he has become a member of the
Association.

9. At each annual meeting the retiring officers shall present statements
a full report of their proceedings, and of the proceedings of meeting,
the Association, and a detailed statement of the receipts and
expenditure for the previous year, and of the assets and
liabilities, duly audited ; a copy of the said report, a state-
ment of the receipts and expenditure, a statement of the
assets and liabilities, a list of the members and a list of the
officers elected, and also such general information on matters

of special interest to each Association that such Association
has been able to obtain, shall be sent to the Minister within
forty days after the holding of such annual meeting.

10. The directors shall, from among themselves, elect a President and
President and one or more Vice-Presidents. vice-president.

The directors shall, from among themselves or otherwise,
elect a Secretary and a Treasurer, or a Secretary-Treasurer.

11. The directors shall have full power to act for and on Powers of
behalf of the Association, and all grants of money and other
funds of the Association shall be received and expended
under their direction, subject, nevertheless, to the by-law.s and
regulations of the Association.

AUDIT

148 Chap. 17. AGRICULTURAL ASSOCIATIONS. 6 EDW. YII

AUDIT OF ACCOUNTS.

•ccourltf °£ "2* ^e Minister may appoint a person who shall audit tbe
accounts of any of the Associations to which this Act applies,
and such auditor shall present a report of the result of his
audit to the' officers of the Association and also to the
Minister.

GENERAL PROVISIONS AS TO ELECTIONS.

?ofing°£ 13. The members of any Association may by by-law pro-

vide that only those members who have paid their subscrip-
tions at least one week in advance of the annual meeting
3hall be qualified to vote at the annual meeting for the
election of directors.

14. Except as otherwise provided, a vacancy occurring by the
death or resignation, or failure to quality as member, of any
officer or director may be filled by the remaining officers
of the Association ; and it shall be the duty of such officers, and
they are hereby empowered, to nominate and appoint a fit and
proper person to fill the office for the unexpired term of the per-
son so dying or resigning; but in the event of the remaining
officers being insufficient to form a quorum, or if, for any
reason, a quorum cannot be obtained, then persons to fill the
vacant offices shall be elected in manner provided in the next
section.

"Directors to
continue until
successors
lawfully
elected.

15. — (1) In the event of an election of any directors of any
Association being held at the time or place directed by by-
law or being for any reason illegal and void, then the persons
in office at the time when such officers or directors should
have been elected shall continue to be, and shall be deemed to
be, the officers of such Association until their successors are
legally appointed.

(2) In the event of any such non-election or illegal election,
a special meeting of the members of such Association shall be
called as soon as practicable tor the election of such directors ;
such meeting to be called (in the manner provided in sub-
section 2 of section 10) by the president, or, in his absence or
on his neglect, by the vice-president, or in the absence or on
the neglect of the president and vice-president, then by any
three members of the Association ; and at such meeting the
election of officers shall take place, and the persons elected
shall thenceforth, until their successors are appointed, be and
be deemed to be the officers of such Association.

MEETINGS

1906.

AGRICULTURAL ASSOCIATIONS.

Chap. 17

149

MEETINGS OF DIRECTORS.

16. A special meeting of the directors of any Association special
organized under this Act may be called by the president ™i?Mtofs°f
thereof, or, in his absence or on his neglect, by the vice-
president, or, in the absence or on the neglect of the president
or vice-president, then by any three members of* such body,
of which meeting at least seven days' notice shall be given to
each member ; and, except as otherwise provided for, a
majority of the directors of any such body shall be a quorum.
58 V., c. 11, s. 40.

SECURITY BY TREASURER.

17. — (1) The Treasurer of every Association organized security to be
under this Act before entering upon the duties of his office treasurer,
shall give such security, either by joint or several covenant
with one or more sureties, or other wise, as the board of directors
or other managing officers may deem necessary, for the faith-
ful performance of his duties, and especially for the duly
accounting for and paying over all moneys which may come
into his hands.

(2) It shall be the duty of every such board in each and Duty of board
every year to inquire into the sufficiency of the security given astosecun y-
by such treasurer and report thereon ; and where the same
treasurer for any society is re-appointed from year to year his
re-appointment shall not be considered as a new term of
office, but as a continuation of the former appointment, and
any bond or security given to the society for the faithful
performance of his duties under such re-appointment shall
continue valid as against the parties thereto. 58 V , c. 11,
s. 41.

18. Each of the said Associations shall be entitled to Legislative
receive from unappropriated moneys in the hand of thegrant'
Treasurer of the Province a specified sum to be placed in the
estimates and voted by the Legislature for each year on
the following conditions :

(a) That the number of bona fide members is at least fifty.

(6) That the secretary of each of the said Associations
shall, on or before the 1st day of September in each year,
transmit to the Minister an affidavit, which may be sworn to
before any Justice of the Peace, stating the number of mem-
bers who have paid their subscriptions for the current year,
and the total amount of such subscriptions.

(d)

150

Chap. 17.

AGRICULTURAL ASSOCIATIONS.

6 Edw. VII

(d) That none of the funds of the Association, from what-
ever source derived, have been expended in a manner incon-
sistent with the purposes of organization of the said
Association.

Forfeiture of 19. If an Association ceases for twelve consecutive months
non-user01 to do business as required by this Act and by its constitution,
by-laws and rules, or if the Minister is satisfied, after an
enquiry at which the Association was given due notice to
appear, that the business of the Association is not being pro-
perly conducted, the Minister may declare the corporate
powers of the Association forfeited

WINTER FAIRS.

winter fairs 20. The Ontario Provincial Winter Fair and the Eastern
incorporated. 0ntario Live stock and Poultry Show shall be corporate
bodies under this Act, and the Lieutenant-Governor in Coun-
cil may provide that the sections of this Act as far as practic-
able shall apply to these bodies, and may prescribe such Con-
stitution, rules and regulations as are deemed necessary.

INCORPORATION OF OTHER ASSOCIATIONS.

Admission of 21. Upon the petition of any Association not subject to the
other societies. provjsjon 0f this Act, but formed for the purpose of advancing
the interests of any branch of Agriculture, being presented to
the Lieutenant-Governor in Council, the Lieutenant-Governor
may, by Order-in-Council declare that the sections of this
Act shall apply to the Association or Society so petitioning,
and thereafter the said sections shall apply to such Associa-
tion or Society in the same manner and to the same extent as
if it had been incorporated under this Act, and every such
Order-in-Council shall be published in " The Ontario Gazette "
for two weeks following the date of the passing of such
Order in-Council.

ADVISORY BOARD.

Advisory board 22.— (ct) An Advisory Board for Live Stock may be formed
for live stock. ^ a(ivjse ^he ]\£inister regarding matters of interest to the
live stock industry. The Lieutenant-Governor may by Order-
in-Council direct how the Board shall be constituted and may
prescribe the duties and powers of the Board.

Allowance for {b) Members of the Advisory Board shall receive an allow-
expenses. ance for time attending meetings of the Board, or a Commit-
tee of the Board ; also the necessary travelling expenses in
attending such meetings.

< farmers'

1906. AGRICULTURAL ASSOCIATIONS. Chap. 17 151

farmers' and women's institutes.
23 — (a) The formation of Farmers' Institutes andof Women's Farmers' and

W o m Gil s

Institutes for the purpose of disseminating information in institutes,
regard to agriculture, and of improving domestic life shall be
permitted under this Act.

(b) The Lieutenant-Governor in Council may, upon recom-
mendation of the Minister, make rules and regulations pro-
viding for the number and location of the Farmers' Institutes
and Women's Institutes, for the general guidance and direc-
tion of the same, and fixing the grants and conditions upon
which the grants are to be paid.

24. All the sections of The Agriculture and Arts Act hav- Repeal of
ing reference to the Associations mentioned in section 3 of enactments,
this Act and also to Farmers' Institutes are hereby repealed.

CHAPTER

152

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. VII

CHAPTEE 18.

An Act respecting" Horticultural Societies.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

short title. 1. This Act may be cited as Hie Horticultural Societies
Act.

Interpretation .
"Department."

" Minister."

" Superintend-
ent."

•' Society.'

2. In the construction of this Act

(a) "Department" shall mean The Department of
Agriculture.

(6) "Minister" shall mean the Minister of Agriculture
for the Province of Ontario.

of Horticultural Societies.

(d) "Society" shall mean any Horticultural Society

organized under this Act or under any former
Agriculture and Arts Act.

Societies
continued.

3. All horticultural societies organized under The Agri-
culture and Arts Act shall be continued, except in so far
as they may be affected by this Act.

Minister to de-
cide disputes.

4. The Minister may decide all matters of doubt or dis-
pute as to the working or construction of this Act, and his
decision shall be final except that an appeal therefrom may
be made to the Lieutenant-Governor in Council.

Inspection of
books and
accounts.

5. The Minister may appoint any person or persons to
inspect the books and accounts of any society receiving Gov-
ernment aid, under or by virtue of this Act, and may
empower such person or persons to summon witnesses and
enforce the production of documents before him, and to
take evidence upon oath in regard to such inspection; and
all officials of any such societv whenever required to do so

shall

1906.

HORTICULTURAL SOCIETIES.

Chap. 18

153

shall submit the books and accounts thereof to such inspec-
tion, and shall truly, to the best of their knowledge, answer
all questions put to thern in relation thereto, or to the funds
of such society.

ORGANIZATION.

6. A horticultural society may be hereafter organized Organization,
in any city, town or incorporated village.

7. The mode of organization shall be as follows: MembTrshij)01

(a) Awdeclaration, in the form of Schedule "A" to this
Act, shall be signed by those persons (residents
of the municipality in which the society is
organized) desiring to organize a society under
this Act. In the case of a city having a popu-
lation of 30,000 or over the number of such per-
sons shall be at least 125 ; in the case of a city
with a population of less than 30,000 the num-
ber shall be at least 75. Societies organized in
towns having a population of 2,000 or over,
shall have at least 60 members, and in the case
of an incorporated village the number shall be
at least 50.

(6) No person shall be considered a member of any ^ue^fiecra8tion or
Horticultural Society for any year unless he
shall have paid at least one dollar into the funds
of that society as membership fee for that year.

incorporated company may become a member
of any society, organized under this Act, or' any
former Agriculture and Arts Act, by the pay-
ment of the regular fee, but the name of one
person only, in any one year, shall be entered
as the representative or agent of any firm or
company, and that person only shall exercise the
privileges of membership in the society or organ-
ization.

(d) Within one month after the money has been so paid CaiHngfirst

the said declaration, with the names and ad- meetmg-
dresses of the signers of same, shall be trans-
mitted to the Minister, who shall thereupon
instruct the Superintendent to authorize a per-
son to call the first meeting for the organization
of the society.

(<?) The first meeting of the society shall be held dur- when meeting
ing the second week in January next ensuing, t0 be held"
of which meeting at least two weeks' public
notice shall be given by advertising in one or
more newspapers published in the district.

(/)

154

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. VII

Quorum.

Election of
first officers.

Secretary-
Treasurer.

Report of first
meeting.

(/) At the said first meeting, and at any subsequent
meetings of any horticultural society, ten mem-
bers shall constitute a quorum.

(g) At the said first meeting there shall be elected a presi-
dent, a first vice-president, a second vice-presi-
dent, and not more than nine other directors,
all of whom must be members of the society, in
good standing, or who must become so within
fourteen days after their election, who, together
shall form the board of directors, a majority of
which board shall reside in the municipality in
which the society is organized. At the said first
meeting the society shall appoint two auditors
for the ensuing year.

(h) The board of directors, from among themselves or

otherwise, shall appoint a secretary and a treas-
urer, or a secretary-treasurer, who shall remain
in office during pleasure. The secretary or the
secretary-treasurer, by virtue of his office, shall
be a member of each committee appointed and
may be given the power of managing director,
acting under the control, and with the approval
of the board of directors.

(i) A report of the organization meeting, certified by

the president, a first vice-president, a second
vice-president, the secretary and the convener,
and containing a statement of the number of
members and a list of the officers elected and
appointed, shall be sent to the Department
within one week after the holding of the meet-
ing.

Receipt of
report to
complete
organization.

8. Upon the receipt of such report the society so organ-
ized shall be deemed a horticultural society, and each soci-
ety so organized shall be entitled to participate in the legis-
lative grant hereinafter provided, and to enjoy all the privi-
leges granted by this Act.

Objects of
societies.

9. — (1) The objects of horticultural societies shall be to
encourage improvement in horticulture.

(a) By holding meetings for discussion and for hear-

ing lectures on subjects connected with the
theory and practice of improved horticulture

(b) By holding exhibitions and awarding premiums itv

the production of vegetables, plants, flowers,
fruits, trees and shrubs.

shrubs and trees in ways calculated to create an
interest in horticulture.

(<*)

1906.

HORTICULTURAL SOCIETIES.

Chap. 18

155

(d) By promoting the circulation of horticultural peri-

odicals.

(e) By encouraging the improvement of home and

public grounds, by the planting of trees, shrubs
and flowers, and by otherwise promoting out-
door art and public beauty.

(/) By offering prizes for essays on questions relating
to horticulture.

(g) By importing and otherwise procuring and dis-
>. tributing seeds, plants, shrubs, and trees of new
and of valuable kinds.

(2) A society shall not expend more than one-third of its Expenditure
total receipts in any one of the lines of work mentioned.

No society shall hold an exhibition, or offer premiums, in
connection with the exhibition of any agricultural society
or societies.

(3) None of the funds of any such society, however de- Funds not to be
rived, shall be expended for any purpose inconsistent with expended in-
those mentioned. Societies violating any of the provisions

of this and the preceding subsection shall forfeit all claim
to the Government grant.

10. — (1) The annual meetings of societies shall be Annual
held during the third week in January of each year meetmgs'
at such time and place, as the board of directors may
determine. At any such meeting those members only who
have paid their subscriptions for the ensuing year shall be
entitled to vote.

(2) At least two weeks' previous notice of any such meet- Notice of
ing shall be given by advertisement in one or more news- meetings'
papers published in the municipality, and also, by printed
placards or bills posted in places of common resort, or by
sending the same by registered letter mailed to the last
known post office address of each member of the society in

good standing; such notices to be mailed at least one week
previous, and to state time and place of meeting.

(3) In case any society shall, through any cause, fail to Failure to hold
hold its annual meeting during the third week in January, ^luVaAfrne.
the Minister, on petition of twenty members, may appoint

a time for holding the same before the first day of April in
the same year, the meeting to be called as for the regular
annual meeting, and this meeting in all particulars shall
be taken as the annual meeting of the society.

(4) In the event of the annual meeting not being held as Dissolution of^
provided for in this Act, or in the event of the number of ing not held,
the members on the first day of May in any year being less

than the number required for organization, the society shall
not be entitled to receive any further financial aid from
the Legislature of the Province, and shall be deemed to

have

156

Chap. 18.

HORTICULTURAL SOCIETIES.

6 Edw. VII

have been dissolved, but the directors elected at the last
properly constituted meeting of the society, prior to the said
first day of May, shall be trustees of the assets of the society
until the same are disposed of by order of the Minister.

Delivery over (5) Upon being notified or becoming aware of the disso-
departme^t on lution of any society under the provisions of the preceding
dissolution. subsection, the Superintendent may order the directors to
deliver over to the Department the assets, if any, remain-
ing after all just debts have been paid.

Annual report. H. — (a) The board of directors shall present at such
meeting a report of their proceedings for the
past calendar year, in which shall be stated the
names of all the members of the society, the
amount of money expended in each of the lines
of work open to horticultural societies, as out-
lined in section 9 of this Act. When an exhi-
bition or exhibitions have been held and prem-
iums awarded the report shall show the total
amount offered in prizes at each, the amount
paid in prizes, and the number of entries.

(6) The board of directors shall present a detailed
statement of the receipts and expenditures for
the preceding year, also a statement of the assets
and liabilities of the society, at' the end of the
year, certified to by the auditors.

(c) The officers and other directors specified in clause
(/) of section 7, and to be qualified as therein
provided, shall be elected by the members, and
auditors shall be appointed for the ensuing year.

Detailed state-
ment of
accounts.

Election of
officers.

Reports to be
placed on
record .

12. The said reports shall, if approved by the meeting,
be placed on permanent record in the books of the society,
and shall be sent within one month to the Department, and
the Minister may require all such reports to be made out
on schedules to be supplied by the Department in such form
as he may direct. Failure on the part of the society to
comply with these requirements shall be sufficient to for-
feit all claim to participation in the legislative grant.

By-laws. 13. The members of each society may, at any annual

meeting, or at a special meeting, of which two weeks' pre-
vious notice has been given in the manner required by sub-
section 2 of section 10, make, alter and repeal by-laws and
regulations for the general management of the society ;
subject to these by-laws and regulations, the board of
directors shall have power to act for and in behalf of the
society, and all grants and other funds of the society shall
be received and expended under their direction.

14.

1906.

HORTTCUI/i URAL SOCIETIES.

Chap. 18

157

14. The first meeting of the board of directors of a society Meetings of

Directors.

may be held on the day of the annual meeting, and the sub-
sequent meetings may be held pursuant to adjournment, or
be called by written notice given by authority of the presi-
dent, or in his absence of the first vice-president, or in the
absence or neglect of the president, or vice-president, then
on the written notice of three of the directors, at least one
week before the day appointed, and at any meeting five
shall be a quorum.

15. Where two or more municipalities have been united Dissolution of
under the provisions of any former Act, to form a horti- Umonsocietiei
cultural society, a dissolution of such union society may be
effected in the following manner : A petition requesting
the dissolution and the organization of new societies shall
be signed by a majority of the members residing in any one
of the municipalities, and shall be forwarded to the Min-
ister, and if the number so signing is equal to the number
required for the organization of a new society as in section
7, the Minister shall direct that new societies shall be organ-
ized in the manner prescribed in section 7, and the former
union society shall thereupon become dissolved and shall
cease to exist.

16. On the dissolution of a union society the assets of Distribution of
the said society shall be equitably apportioned or divided dissolution,
by arbitrators, or a majority of them, one to be appointed

by the board of directors of each of the new societies, and
another arbitrator to be chosen by the arbitrators so ap-
pointed, or, in the event of the said arbitrators failing to
choose such arbitrator within ten days after being ap-
pointed, then the senior county judge or the stipendiary
magistrate having jurisdiction in the district shall appoint
such arbitrator. In case of disagreement the matter shall
be referred to the senior judge of the county or the sti-
pendiary magistrate for final decision.

17. — (a) On or before the first day of May, of each year, ments^be6'

the officers of every society shall send to the ^"^1^^"
Department an affidavit, that may be sworn to e
before any justice of the peace, in the form of
Schedule "B" annexed to this Act, stating, on
forms to be provided by the Department, the
exact financial transactions of the society dur-
ing the previous year. This statement shall
set forth plainly the number of members in good
standing that belong to the society, the amounts
paid in prizes for horticultural productions, and
the amounts expended for each of the purposes
defined in section 9 of this Act. This statement
also shall set forth the amounts expended for
officers' salaries and expenses and for the defray-
ment

158

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. YII

ment of all other expenses legitimately incurred
by the society in its work. Such moneys shall
be considered as having been expended for hor-
ticultural purposes.

makin5' false ^ Should it be found, within one year after the

returns. receipt by the Department of a society's annual

statement, that an officer or officers of the soci-
ety has wilfully made false returns with an
intention to deceive, such officer or officers shall
be liable upon summary conviction before a
justice of the peace, to a fine not exceeding $100
or less than $20, or imprisonment in the com-
mon gaol of the county for a period not exceed-
ing six months or less than two weeks.

Grant out of 18. Every horticultural society organized under or re-
furndsncial cognized by this Act shall be entitled to receive a grant out
of the unappropriated moneys in the hands of the Treasurer
of the Province, the grant to be paid on the recommenda-
tion of the Superintendent, and on the following condi-
tions :

(a) That the number of paid-up members for the cur-

rent year is not less than the number required
for organization.

(b) That all reports and returns required by this Act

have been made to the satisfaction of the Super-
intendent.

and officers elected, in accordance with section
11.

(d) That the objects of the said society, as given in

section 9, have been strictly adhered to, and
that none of the funds of the society, from
whatever source derived, have been expended in
any manner not in harmony with these objects.

Provincial 19. An amount not exceeding $8,000 shall be sub-

fund in aid of -ject to division among the Horticultural Societies of the

societies. J ■ °

Province as follows :

(a) $2,400 shall be subject to division among all the

societies in proportion to the total number of
members of each society in the preceding year.

(b) $4,800 shall be subject to division among all the

societies in proportion to the total amount ex-
pended by each society during the preceding
year for horticultural purposes, as shown by
their sworn statement provided for in section
17.'

(c)

1906. HORTICULTURAL SOCIETIES. Chap. 18 159

(c) In addition to the above, $800 shall be subject to
division among the Horticultural Societies in
cities having a population of 30,000 or over,
in proportion to the number of members in the
current year, as shown by sworn statement pro-
vided for in section 17.

20. The exhibitions of any society shall be held within Exhibitions,
the limits of the municipality in which the society is organ-
ized, and shall be held at such place as shall afford suf-
ficient accommodation f<jr such exhibitions.

21. The board of directors of any society organized under Fraud in ob-
this Act, on being made aware of any fraud having been aining prlzes-
committed by any member or exhibitor in the entry of any
horticultural product in competition for prizes at any exhi-
bition, shall have the power of withholding the payment

of any prizes that may have been awarded by the judges to
any members or exhibitors on such fraudulent, or any
other entries made at any such exhibition.

22. Any justice of the peace having jurisdiction in any ^P^^f"*
city, town or village, wherein an exhibition is held, shall e"
on request of the president or executive committee of any
horticultural society, appoint as many policemen or con-
stables as may be required at the expense of the said soci-
ety, whose duty it shall be to protect the property of such
^ciety, and to eject all persons who may be improperly

within the grounds, or on the premises, or who may behave
in a disorderly manner, or otherwise violate any of the
rules or regulations of such society.

23. If any person wilfully hinders or obstructs the officers ^f^"111^*
or servants of any horticultural society in the execution of

their duty, or gains admittance to the exhibitions of such
society contrary to the rules of such society, he shall be
liable to a fine of not less than f 1 and not more than $20,
such fine to be enforced and collected as fines are usually
collected, and to be paid over to such society for its use
and benefit; and in default of payment the said offender
shall be imprisoned in the common gaol for a period of not
more than 30 days.

24. All persons, not under eighteen years of age, who Right to vote
^ave paid the membership subscription for the year then at meotlIlg
ensuing to any society to which this Act applies, shall have

the right of voting at the election of officers, and on all
other questions submitted to the annual meetings of such
societies.

25.

160

Chap. 18.

HORTICULTURAL SOCIETIES.

6 Edw. VII

paidafterpoii ^° memDership subscription for the ensuing year

opens. paid at the annual meeting after the president or presiding

officer has declared the poll open for the election of officers,
shall entitle any person to vote for such officers.

vacancies in 26. Except as otherwise provided, a vacancy occurring
by the death or resignation of any officer of a horticultural
society organized under this Act may be filled by the re-
maining officers thereof ; and it shall be the duty of such
officers, and they are hereby empowered to nominate and
appoint a fit and proper person to fill the office for the
unexpired term of the person so dying or resigning; but in
the event of the remaining officers being insufficient to form
a quorum, or if for any reason a quorum cannot be obtained,
then persons to fill the vacant offices shall be elected in
manner provided in the next section.

illegal eiec- 27.— (1) In the event of an election of any officers of a
society not being held at the time or place herein directed,
or being for any reason illegal or void, then the persons in
office at the time when such officials should have been
elected shall continue to be, and shall be deemed to be, the
officers of such society, until their successors are legally
appointed.

fngforeiection ^ ^n even^ °^ aVLJ such nonelection, or illegal elec-
tion, a special meeting of the members of such society shall
be called, as soon as practicable for the election of such
officers, such meeting to be called (in the manner provided
in subsection 2 of section 10) by the president, or in his
absence or on his neglect by the vice-president, or in the
absence or on the neglect of the president and vice-presi-
dent, then by three members of the society, and at such
meeting the election of officers shall take place and the
persons elected shall henceforth, until their successors are
appointed, be and be deemed to be the officers of such
society.

fnjofdirectore. 28. A special meeting of the directors of any society
organized under this Act may be called by the president
thereof, or in his absence or in his neglect by the vice-
president, or in the absence or on the neglect of the presi-
dent or vice-president, then by any three members of such
body, of which meeting at least seven days' notice shall
be given to each member; and, except as otherwise pro-
vided for, a majority of the directors of any such body
shall be a quorum.

gi^esecurlty. 29. — (1) The treasurer of every society organized under
this Act before entering upon the duties of his office, shall
give such security either by joint or several covenant with
one or more sureties, or otherwise, as the Board of

Directors

1906.

HORTICTJLTriiAL SOCIETIES .

Chap. 18

161

Directors, or other managing officers may deem necessary,
for the faithful performance of his duties, and especially
for the duly accounting for and paying over of all moneys
that may come into his hands.

(2) It shall be the duty of every such board in each and ^"sewirUy
every year to enquire into the sufficiency of the security given,
given by such treasurer and report thereon ; and where

the same treasurer for any society is reappointed from year
to year his reappointment shall not be considered as a new
term of office, but as a continuance of the former appoint-
ment, and any such bond or security given to the society
for the faithful performance of his duties under such re-
appointment shall continue valid as against the parties
thereto.

(3) When the officers of a society neglect to obtain pro- Personal
per security they shall become personally responsible f or ofofficers!llty
all funds of the society in the hands of the treasurer.

30. The municipal council of any city, town or village, Municipal
county or township of this Province, may grant or loan of society,
money in aid of any horticultural society formed within
the limits of the municipality, when such society has made
the returns required by this Act to be made to the Min-
ister.

31. All sections of The Agriculture and Arts Act refer- Repeal of in-
ring to Horticultural Societies are hereby repealed. enactSts.

32. This Act shall come into force on the first day of commence-
February one thousand nine hundred and seven. mem of Act.

SCHEDULE "A."
(Section 7).
Declaration of Association.

We, whose names are subscribed hereto, agree to form ourselves
into a society, under the provisions of The Horticultural Societies
Act, to be called the Horticultural Society of (naming the point
that will be the headquarters of the society) ; and we hereby
severally agree to pay to the treasurer the sums opposite our res-
pective names; and we further agree to conform to the by-laws
and rules of the said society :

11 S.

Names.

$ cts

SCHEDULE

Chap. 18.

HORTICULTURAL SOCIETIES. 6 EDW. VII

SCHEDULE "B."
(Section 17).

Affidavit as to the Receipts and Expenditures of the (insert
name of society) Horticultural Society.

County of

To wit:

I, A. B., of the (village town or city) of treasurer of

the Horticultural Society, make oath and say, that

the total cash receipts of the society for the year ending
were $ , including $ paid in by members for

their annual membership dues, and that the total expenditures of
the society for "horticultural purposes" as defined in the Horti-
cultural Societies Act, and as set forth in the returns of the
society for the year, as made by the officers to the Department,
were $

That the number of the members of the said society is
Sworn before me

this day of A. D. 19

(Signature)

Justice of the Peace for the
County of
or Commissioner in H.C.J.

CHAPTER

1906.

STATUTE LAW AMENDMENT ACT. Chap. 19 163

CHAPTER 19.

The Statute Law Amendment Act, 1906.

Assented to 14th May, 1906.

HIS MAJESTY, by and with, the advice and consent
of the Legislative Assembly of the Province of On-
tario, enacts as follows: —

1. — (1) Part III of The Ontario Voters' Lists Act is sus- Rev. stat, e. t,
pended for two years from the passing of this Act, unless pgnded'for3
during the said two years it is otherwise ordered by the tw0 years-
Lieutenant-Governor in Council. .

(2) Until a new voters' list has been prepared and cer-
tified under this or some other Act of the Legislature of
this Province, the voters' lists last prepared under the
said Part III. which have been duly certified shall in
any election to the Legislative Assembly be the voters'
lists for the polling subdivisions to which such voters'
lists are applicable.

2. Subsection 2 of section 61 of The Ontario Election Act Rev. stat., c. 9,
is amended by adding to the list of polling places in muni- amended"' ' 1
cipalities in the said subsection set out the following polling

place "Turbine Village, Drury Township," and by adding
to the list of polling places in unorganized territory the f ol- Polling places
lowing: "Espanola Village, Creighton Mine, in the Town- |Ir\cAtIgoraa Dis"
ship of Creighton.

3. Section 32 of The Ontario Controverted Elections Act stat,
is amended by striking out the words "and Common amended.
Pleas Divisions" in the 7th line of the said section, and
substituting therefor the words "Common Pleas and Ex-
chequer Divisions."

4. Section 36 of the said Act is amended by striking out Rev. stat.,
the words "and Common Pleas Divisions" in the 6th and amended6
7th lines of the said section and substituting therefor the
words "Common Pleas and Exchequer Divisions."

164 Chap. 19. STATUTE LAW AMENDMENT ACT. 6 EDW. VII

f %, subs' 2,' 12' 5. Subsection 2 of section 10 of The Act respecting the
amended. ' Legislative Assembly is amended by inserting after the
word "Province" in the sixth line of the said section the
words "and such building or work has not been let by
tender to the lowest bidder."

c&bi, s!ai6i, 6. Section 161 of The Judicature Act is hereby amended
amended. Dy adding at the end thereof the following words: —

Investment of ... . r • r\ -i

funds in court Provided that the Lieutenant-Governor m bouncil may
securities.0"1 direct that such monies as may be available for investment
or any portion thereof shall be invested in securities issued
by the Province of Ontario, or in securities guaranteed by
the Province of Ontario, to such extent and in such man-
ner as the Lieutenant-Governor in Council may direct.

Rev Stftt

c. 5i, s. 165 7. Section 165 of The Judicature Act is amended by in-
serting after the word "inspect" in the fourth line of the
said section the words "the offices of the Master in Ordin-
ary and the other officers of the Supreme Court and of the
High Court at Toronto and."

Rev. stPt., 8. Section 21 of The Ontario Public Service Act is

amended. amended by adding at the end thereof the following words :
payment for "But nothing in this Act contained shall be deemed to

special services i -i • . .-i , » « • i

rendered by prohibit the payment of remuneration for special services
clerksin pubiu rendered or performed by any such officer or clerk at the re-
semce. quest of the Lieutenant-Governor in Council, or hereto-

fore performed by anj. such officer or clerk^or any employee
at the request of a member of the Executive Council, in
addition to the ordinary duties of such officer or clerk."

c.T^suik i, 9. Subsection 1 of section 2 of The Algoma Land Tax
amended. Amendment Act, 1903, as amended by section 72 of The
Statute Law Amendment Act, 1904, and further amended
by the first section of The Algoma Land Tax Amendment
Act, 1905, is amended by striking out the figures "1905"
in the seventh line and substituting therefor the figures
"1906."

f. ^amended23' 10. — (1) Section 2 of The Act to provide for the better
afiditor°f Auditing of the Public Accounts of .the Province is amended
by striking out the figures "$2,400" in the last line and
substituting therefor the figures "$3,000."

s. ^'arneiided.'5' (2) The said section 2 is further amended by adding there-
to the following subsection :

(2) Whenever the Legislative Assembly has concurred
in the report of the Committee of Supply recom-
mending the passing of any estimates of expendi-
ture, the Lieutenant-Governor in Council may
authorize the payment of any items of expendi-
ture so concurred in.

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

165

11. — (1) Section 2 of The Succession Duty Act as amended ^2V4' ^ •
by the Act passed in the fifth year of His Majesty's reign, ^|^ded
Chaptered 6, section 3, is amended by inserting after the
word "fees" in the third line of subsection 4, clause (d),
the words "or for solicitor's fees" and adding to the end of
such clause the words, "The term 'surrogate fees' in this
clause shall not include solicitor's fees." This amendment
shall be deemed to be declaratory of the law since the pass-
ing of the Act in the first year of His Majesty's reign,
Chaptered 8.

(2) Subsection 2 of section 5 of The Succession Duty Act Rev. stat.,c.24,

• i j 3. 5, iUbs. 2

18 repealed. repealed.

(3) Subsection 3 of section 5 of the said Succession Duty f Y'subs's0'24,
Act is amended by inserting after the word "duty" in the amended,
third line and the word "duty" in the eleventh line the

words "if any."

(4) Section 6 of the said Succession Duty Act is amended Rev. stat.,
by inserting the words "or city" after the word "county" amended,
in the sixth line thereof.

(5) Section 7 of the said Act is amended by striking out J*6^!1*1''
all the words after the word "matters" in the fifteenth line amended,
and adding to the said section the words following : —

"The sheriff shall be paid by the Treasurer of the Pro- ^S8?**
vince the following fees for services performed ^£vices under
under this Act: —

"One dollar for every hour up to five hours;

"Two dollars for every hour in important or difficult
cases ;

"In no case to exceed $10 per diem;

"His actual and necessary travelling expenses."

(6) Section 8 of The Succession Duty Act as amend- Rev. stat,
ed by the Act passed in the second session of the sixty- amended,
second year of the_reign of Her late Majesty, Queen Vic-
toria, Chapter 9, section 14, and as further amended by

the Act passed in the first year of the reign of His Majesty
King Edward VII, Chapter 8, section 7, is repealed and
the following substituted therefor :

8. Where the Provincial Treasurer, his solicitor or Dutyofsurro-
agent, and the other parties interested do not f * to fixfng™"
agree thereon, the Surrogate Registrar shall fix ^duties1168
and settle the debts, encumbrances and other al- payable
lowances and exemptions within the meaning of thereon-
this Act, and shall also assess and fix the cash
value at tbe date of death of the deceased of all
estates, interests, annuities and life estates or
terms of years growing out of such estate, and
the duty to which the same is liable, and shall
immediately give notice thereof, by registered

letter,

166

Chap. 19. STATUTE LAW AMENDMENT ACT. 6 EDW. VII

letter, to such parties as by the rules of the High
Court would be entitled to notice in respect of
like interests in an analogous proceeding; and
the Surrogate Registrar may appoint for the pur-
pose of this Act a guardian for infants who have
no guardians; and the value of every future or
contingent or limited estate, income or interest
in respect of which the duty is payable under
this Act shall, for the purposes of this Act be
determined by the rule, method and standards of
mortality and of value, which are employed by
the Provincial Inspector of Insurance in ascer-
taining the value of policies of life insurance
and annuities for the determination of the lia-
bilities of life insurance companies, save that
the rate of interest to be taken for all purposes
of computations under this section shall be four
per cent, per annum; and the Inspector of In-
surance shall, on the application of any Surro-
gate Registrar, determine the value of such fu-
ture or contingent or limited estate, income or
interest, upon the facts contained in such ap-
plication, and certify the same to the Surrogate
Registrar, and his certificate shall be conclusive
as to the matters dealt with therein.

Rev. st»t., c. 24, (7) Section 9 of the said Act is repealed and the follow-

..9 repealed. jng substituted : —

9. Any person dissatisfied with the report of the sheriff
or the assessment of the Surrogate Registrar may
appeal therefrom to the Surrogate Judge of the
county within thirty days after the making and
filing of such report or the mailing of notice of
such assessment, as the case may be, and upon
such appeal the said Judge shall have jurisdic-
tion to determine all questions of valuation and
of the liability of the appraised estate or any
part thereof for such duty and the decision of
the Surrogate Judge shall be final, unless the
property or the debts and other allowances and
exemptions in respect of which such appeal ii.
taken shall exceed in value or amount the sum
of $10,000, when a further appeal shall lie from
the decision of the Surrogate Judge to a Jud^e
of the High Court, and from such Judge of the
High Court to the Court of Appeal, whose deci-
sion shall be final.

f ei2 subs' i' 24' ^ Subsection 1 of section 12 of the said Act as amended
amended. by the Act passed in the first year of His Majesty's reign,
Chaptered 8, is amended by striking out the word "six" in
the sixth line and inserting the word "five."

tV)

Appeal from
report of sheriff
or assessment
of surrogate
registrar.

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

167

(9) Section 21 of the said Act is amended by inserting Rev. stat.,
after the word "courts" in the second line the words "and amended,
solicitors practising therein."

12. — (1) Section 28 of The Division Courts Act is repealed Rev. stat^
and the following substituted therefor : — repealed.

2B. The Lieutenant-Governor may appoint the clerk ^1?^°^ j
and bailiff or bailiffs of any Division Court, and sion Court
all clerks and bailiffs heretofore or hereafter ap- officials;
f pointed shall hold office»-during pleasure only of
the Lieutenant-Governor.

(2) Section 30 of The Division Courts Act is hereby re- Rev. stat.,c.6o,

s. 30,

repealed.

pealed

13. Section 2 of The Arbitration Act is repealed and the Rev. stat. c. 62,
following substituted therefor: — s. 2 repealed.

2. — (a) In this Act, unless a contrary intention appears, f^ubmS^on "
"submission" means a written agreement to submit present
or future differences to arbitration or valuation, whether an
arbitrator or valuator is named therein or not, and shall be
deemed to include a written agreement to submit to arbitra-
tion or valuation or assessment the ascertainment of any
sum or sums of money, or settlement of any terms or dif-
ferences in any contract, in the fixing or determining of
which two or more persons are or may be interested, whether
the subject of difference or not. and whether an arbitrator,
valuator or assessor is named therein or not.

(1>) The term "arbitrator" shall be taken and read to " Arbitrator."
include and mean "valuator;" and "arbitration" to in-
clude and mean "valuation."

(d) "Judge" means Judge of His Majesty's High Court ..Judge„
of Justice.

(e) "Rules of court" mean the rules of the Supreme Court "Rules of
made by the proper authorities under The Judicature Act. Court

14. Section 3a added to The Act respecting Police Rev. stat.,
Magistrates by section .13 of The Act to amend the Statute

Law passed in the second year of the reign of His
Majesty, chapter 12, is repealed and the following substi-
tuted therefor: —

3a. The Lieutenant-Governor in Council may appoint APf°an^m|sn*,
two police magistrates for any city containing not less than two police
200 000 ''nhabitante at salaries to be named in the order ™,?esovTin
making the appointment or by subsequent order. The sal- '■mo.ooo.
aries so named shall be paid by the city quarterly to such
police magistrates and shall not exceed the sum of $5,000

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EdVV. Vll

in the case of the senior police magistrate and $3,000 in the
case of the junior police magistrate.

Not to act as »j l • • i j ■ , t i i .

director of ri o ponce magistrate appointed under this section shall

?S&".to during, the continuance of his appointment act as director
of a company, or directly or indirectly practice in the pro-
fession of the law or do any manner of conveyancing or pre-
pare any papers or documents to be used in any court of this
Province under the penalty of forfeiture of office.

Rev. Stat,
c. 101, s. i

15. Section 4 of The Act respecting the Fees of Officers
amended. engaged iii the Administration of Justice is amenaed by
adding thereto the following subsection: —

fe0es*forbattend ^ Item 8 in the schedule of constables' fees is repealed
ance at courts and every constable attending the assizes or sessions shall
lie allowed for each day's attendance the sum of $2, one-
half of which shall be payable out of county funds.

alwfsfe, 16. Subsection 2 of section 6 of The U n organized Terri-

amended tory Act is amended by adding at the end thereof the fol-
lowing words : "And the remuneration they shall each
receive for all work done in connection with The Surrogate
Allowance to Courts Act, Mechanics' mid Wage Earners' Lien Act,
fo?Zl?v£eSges Woodman's Lien for Wages Act, and The Act for protect-
^jer certain jng f])e ]>nJl]j,- Interest in Rivers, Streams and Creeks,
shall be $500 per annum in lieu of all fees heretofore pay-
able to them under any of said Acts and the said fees shall
be payable hereafter in stamps and form part of the con-
solidated revenue fund of the Province.

c.ejoa,Ssat24. 1". Subsection 1 of section 24 of The Unorganized Terri-
peafed re f("'U • ' rf an(^ section 14 of The Act to amend the Statute
Law passed in the sixty-second year of the reign of Her
late Majesty Queen Victoria, Chaptered 11, are repealed
and the following- substituted for the said subsection 1: —

faction of (I) The Judges of the District Court where there are two
such Judges and the Sheriff for each Provisional Judicial
District shall be ex-officio selectors of jurors for the Dis-
trict, and ma;y select, choose and return as jurors any of the
inhabitants of such Provisional Judicial Districts respec-
tively without reference to the mode prescribed for select-
ing, balloting or returning jurors by The Jurors' Act; and
juries de me dictate Ungate, and juries of a like nature, may
he ordered by the Court before which any cause in any of
the said Provisional Judicial Districts may be pending.
Where (here is only one Judge for the District then the
Clerk of the District Court and the Sheriff shall with the
Judge be the selectors of jurors.

jurors.

(! Edw. Vll
C. 23, not to
come into

IS. The Act to amend The Devolution of Estates Act,
} force na.sscd during the present Session and which received its
cinimed. .'lid reading on the 4th of May, 1900, shall come into force

and

lyou

STATUTE LAW AMENDMENT ACT CU.HU I"

1(59

and have effect in whole or in part only on and from such
date as may be named bj (lie Lieutenant-Governor in
Council by proclamation in (hat behalf, and then as to
such part only as may be mentioned in the said proclama-
tion.

19.— (1) Section G of The Quieting Titles Act is hereby ^^s"!;'
repealed, repealed.

(2) Clause 2 of section 7 of The Quieting Titles Act is Rev. Stat,
amended by striking out the words "registering of a cer- .amended.'' ° '
tificate of the petition as provided for by section 6," and
substituting- therefor the words "granting of a certificate

of title."

(3) Section 27 of The Quieting Titles Act is amended byRey.stat_,
striking out the winds "one of the Registrars" and by sub- amended.'
ititutiner therefor the words "Clerk of the Crown and Pleas

or the Clerk of Records and Writs."

(4) Any certificate of title heretofore issued with the sig- Certificates of
nature of the Referee of Titles at Toronto, or Inspector of be siVned
Titles, shall be deemed to be sufficiently signed by him as
Registrar of the High Court, although he may have omit-
ted to add to his signature such last mentioned title.

20.— (I) Subsection 1 of section 169 of The Land Titles
Act, section 3 of chapter 16 of the Statutes passed in the i Edw. vii!,
first year of His Majesty's reign, and section 5 of chapter 2Ed'w. vii.,
19. passed in the second year of the said reign, are hereby
repealed, and the following substituted therefor: —

(\) "When any land situated in Miiskoka, Parry Sound.
Nipissing, Algoma, Manitoulin, Thunder Bay or
Rainy River is granted by the Government of
Ontario by letters patent or by order of the Lieu- oro^er i'l,'' '''
tenant-Governor in Council, the letters patent or Council erant-
a certified copy of the Order in Council shall be certain dis-
forwarded to the local Master of the District for J^,'^""
the purpose of the grantee being entered as the
first registered owner of the land, with'1 any ne-
cessary qualification; provided that this section
shall not apply to land covered with waters of
Lake Huron adjacent to the Great Manitoulin
Island, Cockburn Island or FitzwiUiam Island,
in the District of Manitoulin, or adjacent to any
island which, in whole or in part, lies between
headland and headland around the said three
islands.

(2) Sect ion 171 of / he Hand Titles Ait is hereby amended Rev. Stat,
by adding the following- thereto a» subsection .°, thereof: amluded171

63)

170

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EdW. VII

Amount pay-
able into
assurance fun*
in certain
eases.

Registration of
Dominion
patentees.

ReT, Stat.,
c. 149-, s. la,
amended.

(3) In the case of lands hereafter registered under sec-
tions 169 and 170 the amount to be paid into the
Assurance Fund in respect thereof shall be a sum
equal to one-fourth' of one per cent, of the value,
at the time of payment, of the land, apart from
the buildings or fixtures thereon, and one-tenth
of one per cent, of the value at the said time of
the said buildings and fixtures, but not in any
ease less than $1 in respect of any parcel.

(3) Where land situate in any of the districts of this pro-
vince has been or shall be patented by the Government of
Canada the Local Master of Titles of the district shall have
authority to register the patentee as owner of such land
and may do so without submitting his finding upon the
application to the Inspector of Titles for his concurrence.

21. Section la of The Act respecting Conditional Sales of
Chattels, enacted by section 2 of the Act passed in the third
year of His Majesty's reign, Chaptered 13, is repealed.

Agreement,
etc., as to
place of trial,
effect ot

22. No proviso, condition, stipulation, agreement or
statement which provides for the place of trial of any action,
matter or other proceeding shall, subject to the provisions
hereinafter set out, be of any force or effect.

(1) Tiie provisions of this section shall not be available
in any Division Court action or proceeding unless and until
the defendant within the time limited for disputing the
plaintiff's claim or within such further time as the judge
of the court in which the action or proceeding is commenced
shall allow, files with the clerk of the court out of which
the summons issued, or wherein the proceedings were com-
menced, a notice disputing the jurisdiction of such court and
an affidavit of the defendant or his agent stating that in his
belief there is good defence to the action on the merits, and
further stating the Division Court wherein the cause of the
action arose, or partly arose, and the defendant resides.

(2) The provisions of this seetion shall not apply to or be
available in any action, matter or proceeding commenced or
pending in any other court than a Division Court unless and
until the defendant therein shall make a motion to change
the venue or place of trial according to the practice of such
court.

Rev. Stat.,
c. 119,
amended.

Receipt notes
for chattels
other than

23. The Act to amend The Act respecting Conditional
Sales of Chattels is amended by adding thereto the follow-
ing as section 2a : —

2a. Receipt notes, hire receipts and orders for chattels
given by bailees of chattels other than manufactured goods
and chattels, where the condition of the bailment is such

and

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

171

that the possession of the chattel passes without any owner- manufactured
ship therein being acquired by the bailee until the pay- fued in°offloe
ment of the purchase or consideration money or some stip- Jourtcierk to
ulated part thereof shall only be valid as against subse- be valid as

i i , :.i : , x- i against sub-

• quent purchasers or mortgagees without notice m good sequent pur-
faith for valuable consideration, provided that the bailor (hasers-
or vendor within ten days from the execution of the receipt
note, hire receipt order or other instrument, evidencing the
bailment or conditional sale given to secure the purchase
money or a part thereof shall file with the clerk of the
County Court of the County in which the bailee or condi-
tional purchaser resided at the time of the bailment or con-
ditional purchase a copy of the said receipt note, hire receipt
or order or other instrument evidencing the bailment or
conditional sale, and no such bailment shall be valid as
against such subsequent purchaser, or mortgagee as afore-
said, unless it is evidenced in writing signed by the bailee
or his agent.

24. Subsection 1 of section 6 of the said Act is amended f4|vss<^sUb.-s
by striking out the word "manufactured" in the fourth l, amended,
and fifth lines thereof.

25. Section 8 of the said Act is amended by adding the Application of
words "and keeping" after the word "taking" in the eighth

line of the said section.

26. Sections 23, 24 and 25 of this Act shall not affect or
apply to any such receipt note, hire receipt, or order for
chattels made or given prior to the 1st day of January, 190T.

27. Section 2 of The Marriage Act is amended by adding Rev. stat.,
thereto the following:— amended2'

5. Any recognized evangelist, teacher or elder of the Right of minis-
congregations of Christians commonly called or known as " Brethern " to
"Brethren," who may be appointed by any such congrega- mea^ria™ethe
tion to perform the ceremony of the solemnization of mar- ceremony,
riage, and whose appointment has previously been filed
in the office of the Provincial Secretary.

28. Sections 4, 5, 6 and 7 of The Ontario Companies Act Rev. stat.
re here
thereof :

are hereby repealed, and the following inserted in lieu repealed.

4. This Act, except in so far as it may be particularly Application
made otherwise applicable, shall apply to the following of Act'
companies : —

(a) To every company incorporated under any special
or general Act of the Parliament of the late Pro-
vince of Upper Canada.

(b)

172

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EDW. VII

Proviso.

(6) To every company incorporated under any special or
general Act of the Parliament of the late Pro-
vince of Canada which has its head office
and carries on business within the Pro-
vince of Ontario, and which was incorporated
with objects or purposes to which the legislative
authority of the Legislature of the Province of
Ontario extends, and

Provided, however, that this Act shall not apply to any
such company incorporated for the construction and working
of a railway, the business of insurance and the business of a
loan corporation within the meaning of The Loan Corpora-
tions Act; and further provided, that the Lieutenant-Gov-
ernor in Council may relieve any company incorporated
before the first day of July, 1897, from compliance with any
of the provisions of this Act as may be deemed expedient.

29. — (1) Subsection 1 of section 41 of The Loan Corpora-
tions Act is hereby amended by inserting in the thirteenth
line of the said subsection after the words "officers thereof"
the words "the capital stock thereof, the number of shares
into which divided, the par value per share."

(2) Section 48 of The Loan Corporations Act is hereby
amended by adding after the words "its engagements" in
the fourteenth line these words : "And by every such agree-
ment made or purporting to be made under this Act the
purchasing company shall be deemed and held to covenant
and agree with each and every creditor of the selling
company that the purchasing company will pay to each
such creditor of the selling company the sum or sums in
which the selling company is indebted to each such creditor
respectively, and that payment will be made at such times
and places as such sum or sums would have been payable
had the said agreement not been made or not been assented
to."

■o'e205S^48 sa^ section 48 is further amended by adding

amended. ' thereto subsection 2 as follows :

Rev. Stat,
•c. 20o. s. 41,
subs. 1,
■amended .

Rev. Stat,
c. 20.1), s. 48,
amended.

Privity of
contract be-
tween purchas
ing company
and each
creditor of iell
ing company.

Dissolution of
selling corpor-
ations and of
corporations
amalgamated.

(2) Where, under this Act the Lieutenant-Governor
in Council assents to an agreement for the sale
of the assets of a loan corporation, or to an
agreement for the amalgamation of two or more
loan corporations, then, as from the date of such
assent, the selling corporation, or the several
corporations amalgamated, shall in the respec-
tive cases be deemed to be and shall be dissolved
except so far as is necessary to give full effect
to the said agreement.

(4)

1906. STATUTE LAW AMENDMENT ACT. Chap. 19 173

(4) Subsection 2 of section 89 of The Loan Corporation* Rev- stat-

• • • C 205 s 89

Act is amended by inserting the word "depositors" in the subs. 2,
fourth line of the said subsection after the word "share- amende
holders."

(5) Subsection 1 of section 99 of The Loan Corpora- feZ^m-'
Hons Act (as amended by section 3 (1) of the statute passed ^^sdue^s- *>
in the second session in the sixty-second year of the reign

of Her late Majesty and chaptered 22) is hereby amended
by striking out in the seventh, eighth and ninth lines of
the said subsection the words "and the statement, having
been signed and sworn to by the president or vice-president
and the manager or secretary, shall," and by substituting
therefor the following words: "and the statement having
been adopted by a resolution of the board of directors
passed in that behalf, and having been signed and sworn
to by the president or vice-president and the manager or
secretary shall, with a certified copy of the said resolu-
tion."

(6) Subsection 4 of section 117 of The Loan C orporations fe^5sf-\17
Act is amended bv adding after the words "High Court"

in the sixth line of the said subsection the following words
"And the anneal shall at the latest be made to the then next
sittings of the said court unless an order be made extend-
ing the time for appeal."

30. Section 388 of The Consolidated Municipal Act, c.^.Ts"'
1903, is amended by inserting therein after the words "or- amen(led-
dinary expenditure" the words "and over and above any

sums raised for the purchase of a site or erection of build-
ings for a House of Refuge," and the said section as hereby
amended shall be deemed to have been in force on and from
the 26th day of April, 1904.

31. Section 1 of The Act to Prevent Minors from Rev. stat.
frequenting Billiard' Rooms and other places is amended amended1'
by striking out the figures "16" in the third line and sub-
stituting the figures "18" therefor.

32. Section 30 of The Public Health Act is amended by Rev. stat.
adding the following as subsection 6 : amended30,

(6) No sewage, drainage, domestic or factory refuse, ex- Polluting
cremental or other polluting matter of any kind whatso- water supply-
ever, which, either by itself or in connection with other
matter corrupts or impairs or may corrupt or impair the
quality of the water of any source of public water supply
for domestic use in any city, town, incorporated village
or other municipality, or which renders or may render such
water injurious to health, shall be placed in or discharged
into the waters, or placed or deposited upon the ice of any
such source of water supply, near the place from which
any such municipality shall or may obtain its supply of

water

174

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EDW. VII

water for domestic use, nor shall any such sewage, drain-
age, domestic or factory waste or refuse, excremental or
other polluting matter be placed or suffered to remain
upon the bank or shore of any such source of water supply
near the place from which such municipality shall or may
obtain its supply of water for domestic use as aforesaid,
nor within such distance thereof as may be considered
unsafe by the Provincial Board of Health, after an exam-
ination thereof by a member or officer of the said Board,
and any person who shall offend against any provision of
this section shall upon summary conviction be liable to a
penalty of not more than $100 for each offence, and each
week's contiuance after notice by the Provincial Board of
Health or Local Board of Health, to abate or remove the
same shall constitute a separate offence.

Rev. stat. 33. The Act to encourage the Destroying of Wolves

amended. i is amended by adding thereto the following as section 10 :

Evidence of 10 — (1) Whenever the Provincial Treasurer is satisfied
i mgiof wolf. ^e person killing a wolf is properly entitled to re-
ceive the bounty he may direct payment thereof notwith-
standing that the person taking the affidavit and certify-
ing the fact of the wolf being killed is not one of those men-
tioned in said Act, provided such affidavit is taken before
or certificate given by some person authorized by the Act
to give certificates or by some person authorized to ad-
minister oaths for use in the Superior or other Courts of
the Province.

in^igonViutag ^ ^e case °^ c^a^ms ^° the bounty for wolves killed
Park. in the Algonquin Park the affidavit may be taken and the

Rev. stat. certificate given by the Superintendent of the Park, and
c- 46- it shall not be necessary to show that the person killing the

wolf had the special license provided for by section 8 of

The Algonquin National Park Act.

c2 83,CsA25; 34. — (1) Section 15 of The Act to incorporate the Village
amended. nj Sturgeon Point, passed in the sixty-second year of the
reign of Her late Majesty, Queen Victoria, chaptered 83, is
amended by striking out the words "and part of the fifth
County Council Division of the County of Victoria."

sturgeon1 Point (2) Notwithstanding anything contained in The Consoli-
represemed in dated Municipal Act, 1903, or any amendment thereto,
°f v^toria11011 ^e ^i^a£e °^ Sturgeon Point shall not be represented in
the county council of the County of Victoria, as hereafter
constituted, nor shall the reeve of the said village sit or
vote in such council.

l^WaIn' 85. Section 4 of The Act respecting Aid to Certain Rail-
amended. ways passed in the first year of His Majesty's reign, chap-
ter 22, is amended by adding thereto the following words :

" The

1906.

STATUTE LAW AMENDMENT ACT. Chap. 19

IT-')

"The time limited herein is extended as regards the Brace-
bridge and Trading Lake Railway until the thirty-first
day of December, 1906, and as regards the Bruce Mines
and Algoma Railway until the thirtieth day of June,
1909."

36. An extension for the period of two years from the Extension of
first day of December, 1907, is hereby granted to the earning of
Manitoulin and North Shore Railway Company to com- |§anifouUn"
mence and complete the portion of the railway from. Little S^^ji^
Current in the District of Manitoulin to a point distant
about thirteen miles from the Town of Sudbury to which
the said railway has already been constructed and the com-
pletion of the said portion of the said railway shall be
deemed and taken as a fulfilment and performance of the
obligations of the railway company as provided in section
9 of The Act respecting Aid by Land Grant to the Mani-
toulin and North Shore Railway Company, passed in the
first year of His Majesty's reign, chapter 23, so as to
entitle the company to the land grant made by the aforesaid
Act for the above mentioned portion of the railway.

37. — (1) The paragraphs numbered 1 and 2 in section Extension of
16 of The Act respecting Aid by Land Grant to the A I- inland ""grant
goma Central Railway Company as enacted by section 54 centxa°ma
of The Statute Law Amendment Act, 1903, are amended Railway,
by striking out the figures "1906" wherever they occur
in the said paragraphs and inserting in lieu thereof the
figures "1907," but this amendment shall not come into
force or take effect until so declared by proclamation of
the Lieutenant-Governor in Council.

38. Section 23 of The Act to amend the Statute Law* Edw. vn.
passed in the second year of His Majesty's reign, chapter amended.'
12, is repealed and the following substituted therefor : —

Subsection 2 of section 11 of The Ontario Trust Com- Rev. stat.
panies Act is amended by inserting the words "or in secur- subs.'S ' '
ities which are a first charge on lands held in fee simple amended,
in the Provinces of Manitoba, Alberta or Saskatchewan"
after the word "Provinces" in the 9th line of the said sub-
section.

39. Subsection 1 of section 1 of The Act respecting Aid to J^-™^
certain Railways, passed in the fourth year of His Majes- i, amended,
ty's reign, Chapter 18, is amended by striking out the words
"and from the east end of Lake of Bays to the west end of
Hollow Lake," occurring in the third and fourth lines of
the said clause.

176

Chap. 19.

STATUTE LAW AMENDMENT ACT.

6 Edw. VII

c.^ts. Y/su'bs. 4U. — (1) Subsection 2 of section 1 of the Act passed in the
2, amended. fourth year of the reign of His Majesty, chaptered 18, is
GrandTmnk0 amended °y striking out the figures and words "6,000 acres
Pacific Rail- per mile" in the seventh and eighth lines of the said sub-
section and inserting in lieu thereof the figures and words
"3,375 acres per mile."

c.^l^s. is,1'' (2) Section 15 of the said Act is repealed.

repealed.

4 Edw. vii., (3) Section 17 of the said Act is amended by striking out
amended.' the words and figures "sections 15 and 16" in the fifth line
of the said section and inserting in lieu thereof the word
and figures "section 16," and by striking out all the words
in the said section after the words "fee simple" in the tenth
line thereof.

Run**680 41-— (1) By-law No. 580 of the County of Middlesex
dedaredto be confirmed by an Act passed at the present session, is de-
within i Edw. clared to comply with the provisions of The Act for the
improvement of Public Highways and any amendment
thereto, so as to entitle the corporation of the said county
to share in the fund set apart by the said Act.

(2) "Where a bridge or bridges situated on a road or roads
designated for improvement under the said by-law are
improved or renewed, or where a new bridge is erected on
such road or roads, or touching on such road or roads, the
Municipal Council of the County of Middlesex shall be
entitled to receive out of the fund set apart for improve-
ment of public highways, one-third of that part of the cost
of such work actually borne by the county or any local
municipality within the county, whether the liability to
construct or maintain such bridge or bridges or any of
them belongs to the county or a local municipality, or
partly to the county and partly to the local municipality.

(3) The County Council of the County of Middlesex shall
present to the Minister of Public Works an annual state-
ment describing the work done and the amount expended
on the roads designated for road improvement, together
with a certificate of the County Commissioner that the regu-
lations of the Public Works Department in regard to High-
ways have been complied with. Upon receipt of such state-
ment by the Provincial Treasurer, certified and approved
by the proper officials of the Public Works Department, the
Municipality of the County of Middlesex shall be entitled
to receive from the moneys set ap«rt for public highways
an amount equal to one-third of the cost of the works.

(4) The Municipal Corporation of the County of Middle-
sex shall be entitled to receive from the fund set apart by
The Act for Improvement of Public Highways not only
one-third of the sums which will be paid under subsection
4 of section 1 of the said by-law, but also one-third of all

furtber

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

177

further expenditures upon the roads designated for improve-
ment under the by-laws required by subsection 1 of section
1 of the said by-law. Provided that the work done in any
municipality shall comply with the requirements of the
Public Works Department in regard to public highways.

42. Section 21 of The Statute Law Amendment Act, j>. Edw. vir.
1905, is repealed and the following is substituted therefor : repealed. '

Section 6 of The Act .respecting Aid to Certain Railways 63V^£-J9, s' °'
passed in the 63rd year of the reign of Her late Majesty,
chapter 29, is amended bj adding thereto the following earnhisfbonus
words: "The time limited herein is extended as regards extended-
the Central Ontario Bail way until the thirty-first day of
December; 1908."

4-3. The Act to incorporate The Roman Catholic Bishop ^Ef.™ vl
of the Diocese of Sault Ste. Marie in Ontario, Canada, amended,
passed in the fifth year of His Majesty's reign, chaptered
121, is amended by adding thereto the following as Sche-
dule "A" :

SCHEDULE "A."

This indenture made in duplicate the day
if one thousand nine hundred and

In pursuance of The Act Respecting Short Forms of Con-
veyances; (mortgages, leases, etc., as the case may be).

Between : The Roman Catholic Episcopal Corporation for the
Diocese of Sault Ste. Marie in Ontario, Canada, of the First Part.

of the Second Part ; The Right Reverend
David Joseph Scollard, (or as the case may be) Bishop of the Dio-
cese, of the Third Part ; and The Right Reverend or Very Rever-
«nd Coadjutor Bishop or Vicar-General (as the case may be) and
The Reverend Clergyman of the said

Diocese, or (naming two clergymen if there

■be neither Coadjutor nor Vicar-General, and adding recital to that
effect) of the Fourth Part.

Whereas the party hereto of the first part has contracted with
the party hereto of the second part for the sale (mortgage, lease,
etc.) of the lands hereinafter described ; and whereas the party
hereto of the third part is the present Bishop of said Diocese, and
the parties hereto of the fourth part are the proper persons whose
consent is necessary to this conveyance under the terms of the
statute incorporating the party of the first part; and whereas the
parties hereto of the fourth part join in this conveyance in order to
testify in writing their consent to the sale (mortgage, etc.) as afore-
said, pursuant to said statute;

Now therefore this indenture, etc., as in other conveyances.
After covenants. — And the parties hereto of the fourth part thereof
consent to this conveyance, and are made parties hereto and exe-
cute the same for the purposes hereinbefore set forth.

12 s. In

178

Chap. 19.

STATUTE LAW AMENDMENT ACT. 6 EDW. VII

In Witness Whereof the said party of the first part has caused
its corporate seal to be affixed attested by the hand of the said
party of the Third Part and the said parties of the Fourth Part
have hereunto set their hands and seals.
Signed, Sealed and Delivered
in the presence of two
witnesses :

A. B.
C. D.

(L.S.C.)
(L.S.)
(L.S.)
(L.S.)

Powers ot 44. Sections 59 to 74 (both inclusive) of The Ontario

Niagara' Power Railway Act, 1906, are incorporated with the Act passed
Skfn^and8 10 in ^ fifty-fifth year of the reign of Her late Majesty
Queen Victoria, chaptered 8, and shall be read as applic-
able to the Canadian Niagara Power Company as if the
said Company had been expressly so named in the said
sections save in so far as the same are varied by or are
inconsistent with the provisions of the said last mentioned
Act.

55 V., c
amended .

Canadian
Niagara Power
Co. authorized
to issue addi-
tional bonds for
$3,000,000.

45. Section 6 of the Act passed in the 55th year of the
reign of Her late Majesty, Queen Victoria, chaptered 8,
is amended by adding thereto the following subsection :

(a) For the purpose of prosecuting and completing the
said undertaking the directors of the said com-
pany shall have power to make a further issue
of bonds, the whole amount of such further issue
not to exceed in all the sum of |3, 000, 000, to
. which issue all the terms of section 6 of this Act
shall apply as though the same were set forth in
this subsection, provided, always, that the said
further issue of $3,000,000 shall rank next sub-
sequent to the issue of $5, 000, 000 authorized by
section 6 of this Act.

Aid to Canada 44>. — (1) There shall be granted out of the Consolidated
wa^co'mpany -^evenue Fun<l to the Canada Central Railway Company,
or such other company as shall carry out the work, for the
construction of a railway from the Town of Little Current
to a point about 13 miles from the Town of Sudbury a
distance not exceeding 53 miles, a cash subsidv of $5,000
a mile— $265,000.

(2) The subsidy hereby granted is subject to the con-
dition that the construction of the railway is to be com-
menced within three months and completed within two
years from the passing of this Act, and is in other respects
subject to the conditions, so far as the same are applicable,
contained in The Act respecting Aid to Certain Railways,
passed in the first year of His Majesty's reign, chaptered 22.
12a s. (3)

1906.

STATUTE LAW AMENDMENT ACT.

Chap. 19

179

(3) Clause (2) of section 1 of The Act respecting Aid to \ ^ws. ^nc'i. 2,
Certain Railways, passed in the first jear of His Majesty's amended-
reign, chaptered 22, is amended by striking out the words ^ '° ^uce
and figures "13 miles, a cash subsidy of $3,000 a mile — Aigoma
$39,000" and substituting therefor the words and figures Rai,wa>-
"38 miles, a cash subsidy of $3,000 a mile— $114,000."

(4) The provisions of section 2 of chapter 35 of the Acts ^fjf^s^,
passed in the fifty-second year of the reign of Her late to aid.
Majesty Queen Victoria respecting the option of substi-
tuting half-yearly payments for forty years in lieu of a

cash payment for grants of $3,000 per mile and in pro-
portion for grants of $5,000 per mile and all the conditions
provided by section 3 of the said Act not inconsistent with
this Act shall apply to the grants of cash subsidies made
in this section.

CHAPTER

180 Chap. 20

THE COUNTY COURTS.

6 Edw. VII

CHAPTER 20.

An Act to amend The County Courts Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

55 amended. 1. The County Courts Act is amended by adding thereto
the following section.

'togtriai1of High ^2<z. Notwithstanding anything in the preceding sec-
court^actions tion contained, in actions in the High Court of Justice,
.court, the County Court of the county, the county town of which

is named as the tdace of trial, shall have jurisdiction,
for the purpose of trial only, when the plaintiff and de-
fendant agree thereto at any time by a memorandum in
writing signed by them or their solicitors and filed in
the proper office at or before the time of setting the action
down for trial, but all proceedings in any action so tried
subsequent to the trial shall be had, taken and continued
in the High Court, and all costs, fees and disbursements
of the action, including those of the trial, shall be the
same as though the trial had taken place at a sitting of
the High Court of Justice.

(2) In case an action has been entered for trial in the
High Court of Justice the parties may by filing a memor-
andum as hereinbefore provided at any time before such
action has been tried transfer the same for trial only by
-the County Court as aforesaid.

CHAPTER

1906

UNORGANIZED TERRITORY.

Chap. 21

181

CHAPTER 21.

An Act to amend The Unorganized Territory Act.

Assented to 14th March, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
eancts as follows: —

1. Section 24 of The Unorganized Territory Act is amended Rev. stat.
by adding thereto the following subsection : amended24,

(3.) The Clerk of the Peace for the District shall attend Attendance of
the meetings of the selectors of jurors and in a book to be petceatseiec-
kept for that purpose, shall enter their proceedings and reso- tion o£ our°rs.
lutions, but he shall have no voice in the selection of jurors
and shall in no case advise or express an opinion whether
any name ought to be placed upon or omitted from the list
of jurors.

2. Inasmuch as doubts have arisen as to the validity of selection of
the last selection of jurors for the District of Parry Sound, JParr°rys sound
it shall be lawful for the selectors of jurors for the saidfor1^06-
District, and it shall be their duty to meet forthwith and

make a new selection of jurors for the present year, and the
selection, which shall be so made by them shall be the true
and only selection of jurors for the present year for the said
District.

CHAPTER

182

Chap. 22.

LIBEL AND SLANDER.

6 Edw. VII.

CHAPTER 22.

An Act to amend The Act respecting Actions of
Libel and Slander.

Assented to 14th May, 1906.

Rev. Stat. c. 68,
s. 1 amended.

Rev. Stat., c.
s. 8, subs. 1
repealed.

Reports of
proceedings,
public meet-
ings, etc.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 1 of The Act respecting Actions of Libel and
Slander is amended by striking out the words "twenty-six"
wherever they occur in the said section and inserting in
lieu thereof the words "thirty-one."

2. Subsection 1 of section 8 of The Act respecting
Actions of Libel and Slander is repealed and the following
substituted therefor : —

(1) A fair and accurate report published in any news-
paper of any proceedings in the Parliament of Canada, or
in any Legislative Assembly of any of the Provinces of the
Dominion of Canada, or of any Committee of said Parlia-
ment or of any of said Legislative Assemblies, or of a
Public Meeting, or (except where neither the public nor
any newspaper reporter is admitted) of any meeting of a
Municipal Council, School Board, Board of Education,
Provincial Board of Health, Medical Health Board, or any
other board or local authority formed or constituted under
any of the provisions of any Public Act of any Legislative
Assembly of any of the Provinces of the Dominion of
Canada or of the Parliament of Canada, or of any Com-
mittee appointed by any of the above-mentioned bodies,
and the publication of the whole, or a portion or a fair
synopsis, of any report, bulletin, notice or other document,
issued for the information of the public from any Govern-
ment Office or Department, or by any Provincial Board of
Health, Medical Health Board, or Medical Health Officer,
or the publication, at the request of any Government or
Municipal Official, Commissioner of Police, or Chief Con-
stable, of any notice or report issued by him for the infor-
mation of the public, shall be privileged, unless it shall
be proved that such publication was made maliciously;

provided

1906.

LIBEL AND SLANDER.

Chap. 22.

183

provided that nothing in this section shall authorize the
publication of any blasphemous or indecent matter ; pro- provi,
vided also that the protection intended to be afforded by
this section shall not be available as a defence in any pro-
ceeding, if the plaintiff can show that the defendant has
refused to insert in the newspaper making such publication
a reasonable letter or statement of explanation or contra-
diction by or on behalf of the plaintiff; provided, further,
that nothing in this section contained shall be deemed
or construed to limit or abridge any privilege now
by law existing, or to protect the publication of any mat-
ter not of public concern or the publication of which is not
for the public benefit.

CHAPTER

184

Chap. 23.

DEVOLUTION OF ESTATES.

6 Edw. VII.

CHAPTER 23.

An Act to amend The Devolution of Estates Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Rev. Stat,
c. 127, s. 4,
amended.

1. Section 4 of The Devolution of Estates Act is amended
by adding thereto the following subsections : —

Who to be
defendants
in action for
foreclosure
-,vhen no per-
sonal represeu
tative of mort-
gagor.

Proviso.

(5) When there is no personal representative of a de-
ceased mortgagor of freehold land it shall be sufficient for
the purposes of an action for the foreclosure of the equity
of redemption in such land that the person beneficially
entitled under the last will and testament if any of the
deceased mortgagor, or under the provisions of this Act,
to such land or the proceeds thereof be made defendant to
such action, and it shall not be necessary that a personal
representative of the deceased mortgagor be appointed or
be made a defendant . thereto unless it shall be otherwise
ordered by the court in which the action is brought or a
judge thereof : Provided always that if a personal repre-
sentative of the deceased mortgagor shall be appointed
during the pendency of such action and such equity of
redemption shall devolve upon and become vested in him
he shall be made a party to such action.

" Mortgagor '
meaning of.

(6) The term "mortgagor" shall include the assignee of
a. mortgagor and any person entitled to or interested in
the equity of redemption in the mortgaged lands.

Rev. Stat.
C 127, s. 13,
subs. 1,
amended .

2. Subsection 1 of section 13 of The Devolution of Estates
Act is amended by adding after the words "disposed of" in
the second line thereof, the following words : "divided
between the persons beneficially entitled thereto under the
provisions of section 16 of this Act."

Rev. Stat,
c. 127. s. 16,
repealed.

3. Section 16 of The Devolution of Estates Act is repealed
and the following substituted therefor: —

1906.

DEVOLUTION OF ESTATES.

Chap. 23.

185

16.— (1) Subject to the provisions of sections 8 and 9 of lowers of

i • • ■ ' ■ i i executors tiiid

this Act, executors and administrators m whom the real administrators
and personal estate of a deceased person is vested under this an^conve/ing
Act shall have as full power to sell and convey such real real estate,
estate for the purpose not only of paying debts, but also of
distributing or dividing the estate among the parties bene-
ficially entitled thereto whether there are debts or not as
they have in regard to personal estate, and in no case shall
it be necessary that the persons entitled to such real estate
as heirs or devisees shall concur in any such sale except
where the sale is made for the purpose of distribution only. w

(2) No sale of any such real estate made for the purpose ^h^r? and
of distribution only shall be valid as respects any heirs or devisees,
devisees beneficially entitled thereto unless such heirs and
devisees concur therein : Provided always that where lun- tanatasTnd
atics are beneficially entitled as heirs or devisees or where "^""1°^"^
there are other heirs or devisees who do not concur in the devisees,
sale by reason of their place of residence being unknown or

where in the opinion of the Official Guardian appointed
under The Judicature Act it would for any reason be incon-
venient to require the concurrence of such heirs or devisees
or where in his opinion it would be advisable to dispense
with 'such concurrence, the Official Guardian may, upon
proof satisfactory to him that such sale is in the interest and
to the advantage of the estate of such deceased person and
the persons interested therein, approve such sale on behalf
of such lunatics, non-concurring heirs and devisees and any
such sale made with the written approval of the Official
Guardian aforesaid shall be valid and binding upon such
lunatics, non-concurring heirs and devisees to all intents
and purposes whatsoever; and for this purpose the Official
Guardian aforesaid shall have the same powers and duties
as he has in the case of infants.

(3) Such executors and administrators shall also have ^ewceurtsor°f and
power with the concurrence of the persons beneficially *g ^j^Jj1,01'8
entitled thereto, or where there are infants or lunatics, with estate among
the approval of the Official Guardian aforesaid, to divide entnied.
the said estate of such deceased person or any portion or
portions thereof amongst the persons entitled thereto accord-
ing to their respective shares and interests therein, and the

power of division conferred by this subsection may also be
exercised although all the persons beneficially interested
do not concur, if the Official Guardian signifies his approval
in manner aforesaid, and the Official Guardian may approve
any such division on behalf of non-concurring heirs or
devisees under the same conditions and with the same effect
as in the case of a sale under subsection 2 of this section.

Section not to

(4) This section shall not apply to any administrator ^£tK

where the letters of administration are limited to the per- ^mimstrators

rog-"
ate

sonal estate, exclusive of the real estate, and shall not derog- estafeoniy!

186

Chap. 23.

DEVOLUTION OF ESTATES.

6 Edw. VII.

ate from any right possessed by an executor or adminis-
trator independently of this Act.

17^*8 VI1'' ° ^' Section 8 of the Act passed in the second year of the
pealed. reign of His Majesty King Edward the Seventh, Chap-

tered 17, intituled An Act to further amend The Devolu-
tion of Estates Act, is hereby repealed.

5. Section 12 of the Act passed in the second year of the
reign of His Majesty King Edward the Seventh, Chap-
tered 17, intituled An Act to farther amend The Devolu-
tion of Estates Act, is amended bj striking out the words
"within the said year" in the ninth line thereof and the
words "shall have caused" in the ninth and tenth lines
thereof and by inserting after the word "administrators"
in the ninth line thereof the word "cause."

[Note. — This Act will not come into force until Pro-
clamation by Lieutenant-Governor in Council. See Cap.
19, sec. 18.1

2 Edw. VII.,
c. 17, s. 12
amended^

Real estate of
of persons
dying between
1st July 1886,
and 4th May,
1891.

CHAPTER

1906.

MEDICINE.

Chap. 24. 187

CHAPTER 24.

An Act to amend The Ontario Medical Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : — ■

1. Section 27 of The Ontario Medical Act is amended by Rev.stat.,
striking out the word "or" where it occurs before the word amVnd'^d2''
"Kingston" in the seventh line of the said section, and by
adding after the word "Kingston" in the seventh line of Place for

ii -i ,i j u j t J " holding exam-

ine said section the words and London. inations.

CHAPTER

188

Chap. 25.

PHARMACY.

6 Edw. VII

CHAPTER 25.

An Act to further amend The Pharmacy Act.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

cer/sa26 Section 26 of The Pharmacy Act as amended by

amended. 5 Edward VII., Chapter lb, Section 9 is further amended by
inserting after the word "title" in the twelfth line of
the said section 26, the following words: —

"And no company incorporated under any of the Acts
in force regulating Joint Stock Companies shall sell or
keep open shop for retailing, dispensing or compounding
poisons, drugs or medicines, as aforesaid, or sell or at-
tempt to sell any of the articles mentioned in Schedule
"A" to this Act, unless a majority of the directors thereof
are duly registered as pharmaceutical chemists or chemists
and druggists under this Act, and unless one of such
directors shall personally manage and conduct such shop,
and shall have his name and certificate posted up in a
conspicuous position in the shop, and no person not so
registered as a pharmaceutical chemist or chemist and
druggist shall in any way interfere with or take part in
the management and conduct of such shop, and
anything which would be an offence under this Act if com-
mitted by an individual shall be an offence by each of
such registered directors, and by such company, and the
prosecution of either of them shall not be a bar to the
prosecution of the other."

meTofTet 2. This Act shall not come into force until the first day
of August, 1906.

CHAPTER

1906.

STATIONARY ENGINEERS.

Chap. 26 189

CHAPTER 26.

An Act to amend The Act respecting Stationary
Engineers.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. The Act respecting Stationary Engineers is amended Rev^n*..^
by adding thereto the following sections :

20. There shall be a Board of Examiners for the examin- Board of ex-
ation of Stationary Engineers, which shall consist of twelve appointed,
persons to be appointed, from time to time, by the Lieuten-
ant-Governor in Council, and one member shall be appoint-
ed Chairman of the said Board.

21. Any five members of the Board of Examiners shall Quorum
form a quorum.

22. — (1) Every member of the Board of Examiners shall Term of office,
hold office for a period of three years at the pleasure of the
Lieutenant-Governor in Council, but shall be eligible for re-
appointment.

(2) In case of a vacancy by death, resignation or any
other cause the Lieutenant-Governor shall appoint a new
member to fill the vacancy for the unexpired portion of
the three years.

23. The Board of Examiners shall appoint, from time to secretary,
time, some person to act as its secretary.

24. The Board of Examiners may make regulations, from Regulations of
time to time, subject to the approval of the Lieutenant-
Governor in Council :

Board .

(1) For the examination of candidates presenting them-
selves for certificates of qualification under this Act, for
prescribing the subjects in which such candidates shall be

examined,

190

Chap. 26.

STATIONARY ENGINEERS.

6 EDW. VII

examined, and the time and place for holding such exam-
inations, and the proof to be furnished by candidates as to
capacity, sobriety and good character, and the issuing
by The Board of Examiners of certificates of qualification
under this Act.

(2) For fixing the fees to be paid by such candidates upon
any such examination or on any certificate granted by The
Board of Examiners, and for fixing the annual fee pay-
able for the renewal of any such certificate.

(3) For prescribing the causes for which any such certifi-
cate may be revoked, cancelled or suspended.

a register in which shall be entered the name of every
person to whom a certificate of qualification is granted
under this Act, together with the date of the same.

26. No person who is not the holder of a certificate of
qualification under this Act shall operate or have charge
for more than 30 days at any one time of any steam
plant operating an engine of 50 horse power or over
in the Province of Ontario after the first day of July, 1907,
nor shall any person after the said date employ any per-
son who is not the holder of such certificate to operate
or have charge of any such steam plant.

Penalty. 27. Every person guilty of a violation of the preceding

section shall, upon summary conviction thereof before one
or more Justices of the Peace, incur a penalty of not less
than $10 nor more than $25, besides costs.

who e^ntnied^ 28. Every engineer who, at the time of the passing of this
out examina- Act shall hold a certificate from the Ontario Associa-
tlon" tion of Stationary Engineers or who shall be in charge

of any steam plant coming under the provisions of this
Act, or who has had at least two years' experience in the
operation of such a steam plant, and who applies to the
Board of Examiners for such a certificate of qualification
before the first day of July, 1907, shall, upon furnish-
ing such evidence of good character as The Board of
Examiners may require, and upon payment of the pre-
scribed fee, be entitled to receive a certificate of qualifica-
tion from the Board of Examiners.

Appeal to 29. Any person who feels himself aggrieved by the deci-

AgricuUure. sion of the Board of Examiners may appeal therefrom to
the Minister of Agriculture, upon giving such notice as
the Minister may prescribe, and the decision of the Min-
ister of Agriculture shall be final.

Unqualified
persons not to
operate steam
plant.

1906. STATIONARY ENGINEERS. Chap. 26 ]91

30. The Board of Examiners shall make a report in writ- Boanfto'
ing to the Minister of Agriculture on or before the 31st ^"-^t ,°fe
day of December in every year showing :

(a) The number of certificates granted by them during

the preceding year, and the persons to whom
the same were granted ;

(b) The number of applications for certificates refused

during the preceding year and the causes for
refusal ; v

suspended during the preceding year, and the
causes for the same;

(d) The amount of fees received by them from candi-

dates or holders of certificates during the pre-
ceding year;

(e) Tfie travelling and other expenses of the Board of

Examiners and the Secretary, the fees, salary
or other remuneration received by the Board
of Examiners and the Secretary;

if) Upon such other matters as may be directed by the
Minister of Agriculture or the Lieutenant-Gov-
ernor in Council.

31. The receipts and expenses of the Board of Examin- Audit of re-
ers shall be audited by a chartered accountant, not a member ptoses of BoaVd
of the Board of Examiners, and the fees, salary or other
remuneration paid to the Board of Examiners, and the
Secretary shall be paid out of the fees received from can-
didates and others, and shall in all cases be subject to the
approval of the Minister of Agriculture.

32. The certificate held by any person under this Act certificates to
shall at all times be exposed to view in the engine or boiler engineToom11
room in which such person is employed, and failure to keep

such certificate exposed shall be -prima facie evidence of the
lack of qualification under this Act.

2. Sections 16, 17 and 18 of the said Act are repealed. Rev. stat.,c.

r 185, ss. 16, 17

and 18, repeal-

3. Section 19 of the said Act is amended by adding at ed'

the end thereof the words "but nothing in this Act con- Rev. stat. c.
tained shall apply to the operation of any steam plant oper- amended,
ating an engine of less than fifty horse power.

CHAPTER

192

Chap. 27. PROSPECTUSES ISSUKD BY COMPANIES. t> Ee>W. VII.

CHAPTER 27.

An Act respecting" Prospectuses issued by
' Companies.

Assented to 27th April, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

meanin|CofS 1. — (1) In this Act the word "prospectus" shall mean
any prospectus, notice, circular, advertisement or other
invitation offering for subscription or purchase any shares,
debentures or other securities of a company, and the word
"company" shall mean any company incorporated or pro-
posed to be incorporated.

(2) This Act shall apply to every company whether
formed before or after the commencement of this Act which
offers for subscription or sale shares, debentures or other
securities and to every company whether incorporated under
the laws of the Province of Ontario or otherwise, the shares,
debentures or other securities of which are dealt in within
the Province of Ontario.

commissions. 2. — (1) Upon any offer of shares to the public for sub-
scription, it shall be lawful for a company to pay a com-
mission to any person in consideration of his subscribing
or agreeing to subscribe, whether absolutely or condition-
ally, for any shares in the company, or procuring or agree-
ing to procure subscriptions, whether absolute or condi-
tional, for any shares in the company, if the payment of
the commission and the amount or rate per cent, of the
commission paid or agreed to be paid are respectively
authorized by the letters patent or supplementary letters
patent and disclosed in the prospectus, and the commission
paid or agreed to be paid does not exceed the amount or
rate so authorized.

be applied in° ^ Save as aforesaid, no company shall apply any of its
paying com- shares or capital money either directly or indirectly in

missions except a j« • • t j li •

as authorized, payment o± any commission, discount or allowance, to any

person

1906

PROSPECTUSES ISSUED BY COMPANIES. Chap. 27.

193

person in consideration of his subscribing or agreeing to
subscribe, whether absolutely or conditionally, for any
shares of the company or procuring or agreeing to procure
subscriptions whether absolute or conditional, for any shares
in the company, whether the shares or money be so applied
by being added to the purchase money of any property
acquired by the company or to the contract price of any
work to be executed for the company, or the money be
paid out of the nominal purchase money or contract price, v
or otherwise.

(3) Nothing in this section shall affect the power of bep^Yd86 may
any company to pay such brokerage as it has heretofore
been lawful for a company to pay.

3. — (1) Every company heretofore or hereafter incor- what com-
porated under any general or special Act of the Legisla- tile prospec-
ture of the Province of Ontario, which increases the num- tuses'

ber of its shareholders to a number greater by ten than the
number of applicants for incorporation or which has its
debentures or other securities held by more than ten per-
sons, and every company incorporated otherwise than as
above set out which has more than ten shareholders or
holders of debentures or other securities within the Pro-
vince of Ontario, shall fyle a prospectus in the manner
hereinafter set forth.

(2) All sales, subscriptions or other dispositions of
shares, debentures or other securities of any company re-
quired in the manner above provided to fyle a prospectus,
shall be deemed as against the company or the signatories to
the prospectus to be induced by such prospectus, and any
term, proviso or condition of such prospectus to the con-
trary shall be void.

(3) No subscription for stock, debentures or other securi-
ties, induced or obtained by verbal representations, shall
be binding \ipon the subscriber, unless prior to his so sub-
scribing he shall have received a copy of the prospectus.

4. — (1) Every prospectus issued by or on behalf of aDateof
company or in relation to any intended company shall be prospectus,
dated, and that date shall, unless the contrary be proved,

be taken as the date of publication of the prospectus.

(2) A copy of every such prospectus shall be signed by prospectus to
every person who is named therein as a director or pro- |\^d and
posed director or provisional director of the company, or

by his agent authorized in writing, and shall be filed with
the Provincial Secretary, on or before the date of its pub-
lication.

(3) The Provincial Secretary shall not receive or fyle any Not to be
prospectus unless it is so dated and signed. No prospectus ]\\"£'. un 1
shall be issued until so filed, and every prospectus shall

state on the face of it that it has been so filed.

13 s. 5-

194

Chap 27. PROSPECTUSES ISSUED BY COMPANIES. 6 EDW. VII.

Particulars as
to incor-
porators.

Qualification
and remunera-
tion of
directors.

Directors .

Subscription
upon which
allotment may
proceed.

disclos^in 5. — (1) Every prospectus issued by or on behalf of a
prospectus. company or in relation to any intended company or by or
on behalf of any person who is or has been engaged or
interested in the formation of the company, shall state : —

(a) The names, descriptions and addresses of the orig-
inal incorporators, and the number of shares
subscribed for by them respectively;

(6) The number of shares, if any, fixed as the qualifi-
cation of a director, and any provision in the
by-laws of the company as to the remuneration
of the directors ;

(d) The minimum subscription on which the directors
may proceed to allotment, and the amount pay-
able on application and allotment on each share ;
and, in the case of a second or subsequent offer
of shares, the amount offered for subscription
on each previous allotment, and the amount
actually allotted;

(e) The time or times at which under the by-laws of
the company a further call or calls may be made
upon shares subscribed for.

(/) The number and amount of shares issued, or agreed
to be issued, as fully or partly paid up other-
wise than in cash, and in the latter case the
extent to which they are so paid up, and the
number and amount of bonds, debentures or
other securities issued or to be issued and
allotted to any person;

(g) The names and addresses of the vendors of any
property purchased or acquired by the com-
pany, or proposed so to be purchased or acquired,
which is to be paid for wholly or partly out of
the proceeds of the issue offered for subscription
by the prospectus, or the purchase or acquisi-
tion of which has not been completed at the
date of publication of the prospectus and the
amount payable in cash, shares, bonds, deben-
tures or other securities Ac -"j&dor, "*ad
where there is more than one separate vendor,
or the company is a sub-purchaser, the amount
so payable to each vendor;

(h) The amount (if any) paid or payable as purchase
money in cash, shares or debentures of any such
property as aforesaid, specifying the amount
payable for good-will ;

13a s. (i)

Shares and
bonds allotted
for other than
cash considera-
tion.

Vendors of
property to
company.

Consideration
for purchase
Commissions.

1908.

PROSPECTUSES ISSUED BY COMPANIES. Chap. 27.

195

(i) The amount (if any) paid or payable as commission
for subscribing, or agreeing to subscribe, or
procuring or agreeing to procure subscriptions
for any shares in the company, or for under-
writing or procuring the underwriting of any
securities issued or to be issued by the com-
pany or the rate of any such commission ;

(;) The amount or estimated amount of preliminary ex^^ses"3'
expenses ;

(k) The amount paid or intended to be paid to any Promoter's

x/ j it • i j • p i remuneration.

promoter and the consideration for any such
payment ;

(/) The dates of and parties to every material con- Particulars as

■ to mtLtcri&l

tract, and a reasonable time and place at which contracts,
any material contract or a copy thereof may
be inspected; provided that this requirement
shall not apply to a contract entered into in the
ordinary course of the business carried on or
intended to be carried on by the company, or
to any contract entered into more than three
years before the date of publication of the
prospectus ;

(m) The names and addresses of the auditors (if any) Names, etc ,
of the company;

(n) Full particulars of the nature and extent of the J.nterfst °.f

directors in

interest (if any) of every director in the promo- property
tion of or in the property proposed to be acquired company,
by the company, with a statement of all sums
paid or agreed to be paid to him in cash or
shares by any person either to qualify him as a
director or otherwise for services rendered by
him in connection with the formation of the
company.

(2) For the purposes of this section the word "vendor" ^ha"^"
shall extend to and include a vendor who has entered into include,
any contract, absolute or conditional, for the sale or pur-
chase or for any option of purchase, of any property to be
acquired by the company in any case where —

(a) The purchase money is not fully paid at the date
of publication of the prospectus; or

(6) The purchase money is to be paid or satisfied wholly
or in part out of the proceeds of the issue offered
for subscription by the prospectus; or

(3) Where any of the property to be acquired by the when " ven-
company is to be taken on lease, this section shall apply as "°essOT."UdeR
if the expression "vendor" included the lessor, and the

expression

196

Chap. 27. PROSPECTUSES ISSUED BY COMPANIES. 6 El)W. VII.

expression "purchase money" included the consideration
for the lease, and the expression "sub-purchaser" included
a sub-lessee.

Application of (4) This section shall not apply to a circular or notice

section ■ • .

inviting existing shareholders or debenture holders of a
company to subscribe for further shares or debentures; but
subject as aforesaid, this section shall apply to any pros-
pectus whether issued on or with reference to the formation
of a company or subsequently; provided that —

(a) The requirements as to the original incorporators
and the qualification, remuneration, and inter-
est of directors, the names, descriptions and
addresses of directors or proposed directors, and
the amount or estimated amount of preliminary
expenses, shall not apply in the case of a pro-
spectus published more than one year after the
date of the first general meeting, and

(6) In the case of a prospectus published more than
one year after the date of such meeting, the
obligation to disclose all material contracts shall
be limited to a period of two years immediately
preceding the publication of the prospectus.

piiance with"1' Any condition requiring or binding any applicant for

section to be shares or debentures to waive compliance with any require-
ment of this section, or purporting to affect him with notice
of any contract, document or matter not specifically referred
to in the prospectus, shall be void.

tus advertised" (6) Where any such prospectus as is mentioned in this
in newspaper, section is published as a newspaper advertisement, it shall
not be necessary to specify the names of original incorpor-
ators and the number of shares subscribed for by them.

' 6. — (1) Every provisional director, director or other per-
son Responsible for the issue and publication of such pros-
pectus shall for every violation of the provisions of the
next preceding three sections be liable on summary con-
viction to a penalty not exceeding $200 and costs, pro-
vided that no provisional director, director or other person
shall incur any liability by reason of non-compliance with
the said section,

(a) As regards any matter not disclosed, if he was not

cognizant thereof, or

(b) if the non-compliance arose from an honest mistake

of fact on his part,

And provided that in the event of non-compliance with
the requirements contained in paragraph (n) of

subsection

1906.

PROSPECTUSES ISSUED BY COMPANIES. Chap. 27.

197

subsection 1 of section 5, no director or other
person shall incur any liability in respect of such
non-compliance unless it is proved that he had
knowledge of the matters not disclosed.

(2) Nothing in this section or the said preceding three Liability under
sections shall limit or diminish any liability which any per- lot affected,
son may incur under the general law apart from this Act.

7. — (1) Where any' advertisement, letter-head, account capitarto be
or document issued or published by any corporation or any ^advertise-16
officer, agent or employe of any such corporation, purports men*'"t,tc-
to state the capital of the corporation, then the capital
actually and in good faith subscribed and no mare shall be
so stated;

(2) Any such corporation, officer, agent or employee who Penalty,
causes to be inserted an advertisement or who publishes,
issues or causes to be published or issued any advertise-
ment, letter-head, account or document which states, as

the capital of such corporation any larger sum than the
amount of such subscribed capital so actually and in good
faith subscribed as aforesaid, or which contains any false
statement as to the incorporation, control, supervision,
management or financial standing of such corporation shall
be liable, upon summary conviction, to a penalty not
exceeding $200 and costs and not less than $50 and costs.

(3) Any one may be prosecutor or complainant under who may
this Act, and one-half of any fine imposed by virtue of this application
Act, shall, when received, belong to His Majesty for the penalty- -
use of the Province and the other half shall belong to the
prosecutor or complainant.

CHAPTER

198

Chap. 28.

EOAD COMPANIES.

Edw. VII.

CHAPTER 28.

An Act to amend The General Road Companies Act.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

awf&Vi 1- Section 74 of The General Road Companies Act is
amended. amended by adding at the end thereof the following
paragraph : —

Exemption of 10. Every person with a vehicle laden solely with straw
loaded with°les and carrying such straw from any township to any city,
straw. town or incorporated village for the purpose of exchanging

the same for manure to be brought back the same day, and
the horse or horses or other beasts of draught drawing such
vehicle passing any turnpike, gate or toll gate on such road
within twenty miles of such city, town or incorporated vil-
lage as well in going to such city, town or incorporated
village as in returning therefrom, if the vehicle be then
laden solely with manure.

CHAPTER

1906.

GAS AND WATER COMPANIES.

Chap. 29.

199

CHAPTER 29.

An Act to] amend The Act respecting Joint Stock
Companies for supplying Cities, Towns and v
Villages with Gas and Water.

Assented to 14th May, 1906.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows : —

1 . Section 1 2, of The Act respecting Joint Stock Companies f^m^n
for Supplying Cities, Towns and Villages with Gas and amended. '
Water, as amended by section 1 of chapter 17 of the Acts
passed in the fifth year of His Majesty's reign, is further
amended by adding after the word " placed " in the second
line of the said section, the following words : " or any
municipality lying adjacent to or adjoining a municipality Municipalities
in which such works are erected or placed, may, subject to ^companies,
the provisions of clause a of section 700, of The Consoli-
dated Municipal Act, 1903, as to obtaining the assent of the
ratepayers, guarantee the payment of the bonds or deben-
tures of such company or "

CHAPTER

200 Chap. 30.

RAILWAYS.

6 Edw. VII.

CHAPTER 30.

An Act respecting Steam, Electric and Street
Railways.

Assented to 14th May, 1906.

Short Title, s. 1.
Interpretation, s. 2.
Application of Act, ss. 3, 4.
Incorporation, s. 5.
Organization of the Company,
ss. 6-49.
Offices, s. 6.

Provisional Directors, s. 7.
Capital, b. 8.
Increase of Capital, s. 9.
General Meetings, (Annual and

Special), ss. 10-13.
President and Directors, ss. 14-23.
Calls, s. 24.

Shares and transfer of, ss. 25-34.
Shareholders, ss. 35-37.
Preference Stock, s. 38.
Dividends and Interest, ss. 39-42.
Bond, Mortgages and Borrowing

Powers, ss. 43-49.
Powers, ss. 51-58.
General, ss. 51-55.
Telegraph and telephone lines,

s. 56.

Interchange of traffic, s. 57.

Amalgamation and running ar-
rangements, s. 58.
Plans and Surveys, s. 59.

Taking of lands without consent
of owner, ss. 60-68.

Gravel pits, etc., s. 69.

Switches and sidings to indus-
tries, s. 70.

Purchase of more land than
necessary, s. 71.

Snow Fences, etc., s. 72.

Use of adjacent lands during con-
struction, s. 73.

Proceedings where more space
required, s. 74.
Construction of Railway, ss. 80-
86.

Guage, s. 75.

Trains, Cars and Appliances,
ss. 76-82.

Road Bed and Adjacent Lands,
ss. 83-113.
Frogs, Packing, etc., s. 83.
Drainage, ss. 84-85.
Farm Crossings, s. 86.
Fences, Gates and Cattle Guards,
8-87.

Bridges, Tunnels and other

structures, se. 88, 89.
Highway Crossings, ss. 90-97.
Crossings and Junctions, s. 98.
Mines and Minerals, ss. 99-104.
Weeds on Companv's Land,

s. 105.

Fires, prevention of and liabilitv

for, s. 106.
Construction of Road by sections,

ss. 107-109.
Compensation to owners of

lands adjoining highways, s.

Limitation of time for construc-
tion, s. 111.

Use of Steam during construc-
tion, s. 112.

Contracts for construction, s 113.
Operation of the Railway, ss.
114-129.

Regulations governing the run-
ning of trains, ss. 114-126.

Sleeping and Parlor Cars, s. 127.

Stations and Accomodations, s.
128.

Blackboards as to Trains on Time,
s. 129.

Municipal Bonuses and Loan,
ss. 130-148.
Exemptions from Taxation, s.149.
By'-laws, Rules and Regulations.
ss. 150, 159, 161.
Notices of By-laws, etc., s. 160.
Inspection of Railways, ss, 162-
168.

Inspecting Engineers, s. 162.
Inspection of Line, ss. 163-167.
Inspection not relieve from liabi-
lity, s. 168.
Tolls, ss. 169-178.
By-laws as to, s. 169.
Collection of Tolls, s. 170.
Passenger Fares on Electric

Roads, s. 171.
Board and Members of Legisla-
ture to be carried free, s. 172.
Discrimination, ss. 173-178.
Railway Constables, ss. 179-188.
Passenger Conductors to have
power as Constables, ss. 185-
188.

Street

1906. railways. Chap. 30. 201

Street Railways and Railways
Operating on Highways, ss.
189-221.

General Provisions, ss. 189-192.
Sunday Cars, s. 193.
Guardwires, ss. 194-195.
Forfeiture by Non-user, s. 196.
Additional Powers of Electric

Street Railways, ss. 197-199,

200.

Notice of By-laws granting fran-
chise, s. 198.

Expropriation by Street Railway
Companies, s. 201.

Duration of Street Railway
Franchises, ss. 202-207.

Duration of Privileges to Operate
Electric Railwavs on highways,
s. 208.

Fenders, Brakes, etc., ss. 209-
212.

Lavatories, etc., ss. 213, 214.

Unclaimed Property, s. 215.

Transfer in Ownership of High-
ways, s. 216.
Agreements with Municipalities
for Operating on Highways,
ss. 217-220.

Model Agreements, s. 217.
Radial Lines, s. 218.
Examination of Motormen, s.
221.

Examination for Colour Blind-
ness, s. 222.

Actions for Damages, s. 223.

Agreements Waiving Rights to
Damages, etc., s. 224.

Wages of Labourers ox Sub-
sidized Lines, s. 225.

Lien for Wages, s. 226.

Hours of Labour, s. 227.

Returns, ss. 228-236.

Investigation of Accidents, s.
237.

Animals at Large, s. 238.
Offences and Penalties, ss. 239-
255.

Recovery on Payment of Penal-
ties, ss. 253-255.

Transmission of Power on Right
of Way, s. 256.

Use of Railway by Dominion
Government, s. 257.

Conveyance of Land, s. 258.

Repeal of Former Enactments,
s. 259.

HIS MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of On-
tario, enacts as follows :

SHORT TITLE.

1. This Act may be cited as "The Ontario Railway Act, ^hort title.
1906."

INTERPRETATION .

2. Where the words following occur in this Act, and in in terpretation
the special Act incorporating any Railway or Street Rail-
way Company, they shall be construed in the manner here-
inafter mentioned, unless a contrary intention appears:

(1) "The Special Act," shall be construed to mean any ^The special
Act authorizing the construction of or otherwise speci-
ally relating to a railway or street railway, whether
operated by steam, electricity or other motive power,

and with which this Act is incorporated; and in all
cases where this Act is made applicable to street railways
or street railway companies the words "the special Act"
shall include a charter of incorporation of a street railway
company under the Great Seal of the Province of Ontario ;
or supplementary letters patent relating to such a company.

(2) "Prescribed," used in this Act in reference to any prescribed ."
matter herein stated, shall be construed to> refer to such

matter as the same is prescribed or provided for in the
special Act; and the sentence in which such word occurs
shall be construed as if, instead of the word "prescribed,"
the expression "prescribed for that purpose in the special
Act" had been used;

(3)

202

Chap. 30.

RAILWAYS .

6 Edw. VII.

1 The Lands.

•'The Under-
taking."

" Board."

" By-law."

" Costs."
" Lands."

" Lease."
"Toll."

" County.

'■ County Com
Judge."

" Highway.'

" Street."
"Sheriff "

•' Clerk of the
Peace."

' Goods.'

' Justice.'

(3) "The Lands" shall mean the lands which by the
special Act are authorized to be taken or used for the pur-
poses thereof;

(4) "The Undertaking" shall mean the railway and

works of whatever description, by the special Act author-
ized to be executed.

(5) "Board" shall mean "The Ontario Railway and
Municipal Board."

(6) "By-law," when referring to the act of the com-
pany shall include a resolution ;

(7) "Costs" shall include fees, counsel fees, and expenses;

(8) "Land" or "lands" shall include all real estate, mes-
suages, lands, tenements and hereditaments of any tenure;

(9) "Lease" shall include any agreement for a lease;

(10) "Toll" shall include any rate or charge or other
payment payable under this Act or the special Act for any
passenger, animal, carriage, goods, merchandise, articles,
matters or things conveyed on the railway ;

(11) "County" shall include any union of counties, and

any provisional judicial district;

1 (12) "County Court Judge" shall include a Judge of &•
District Court ;

(13) "Highways" shall mean any public road, street,
lane, and other public way or communication;

(14) "Street" shall include any highway.

(15) "Sheriff" shall include the Deputy Sheriff; and
where any matter in relation to any lands is required to be
done by any Sheriff or Clerk of the Peace, the expression
"the Sheriff," or the expression "Clerk of the Peace" shall,
in such case, be construed to mean the Sheriff or Clerk of
the peace of the district, county, city, or place where such
lands are situate; and if the lands in question, being the
property of one and the same person, are situate not wholly
in one district, county, city, or place, the same expression
shall be construed to mean the Sheriff or Clerk of the Peace
of any such district, county, city, or place where any part
of such lands is situate;

(16) "Goods" shall include personal property of eve^
description that may be conveyed upon the railway, or
upon steam vessels, or other vessels connected with the rail-
way ;

(17) A "Justice" shall mean Justice of the Peace or Sti-
pendiary or Police Magistrate acting for the district, coun-
ty,

1906.

1( AIL WAYS.

Chap. 30.

203

ty, city, or place where the matter requiring the cognizance
of a Justice arises, and who is not interested in the matter;
and where the matter arises in respect of lands being the
property of the same person, situate not wholly in any one
district, county, city or place, the word "Justice" shall
mean a Justice or Stipendiary or Police Magistrate acting
for the district, county, city or place where any part of such
lands is situate, and who is not interested in such matter ;

(18) "Owner" (where, under the provisions of this Act "Owner."
or the special Act, any notice is required to be given to the
owner of any lands, or where any act is authorized or re- k
quired to be done with the consent of any such owner)

shall be understood to mean any corporation or person who,
under the provisions of this Act or the special Act, or any
Act incorporated therewith, would be enabled to sell and
convey lands to the company;

(19) "The company" shall mean the company or per- " The-Com-
son authorized by the special Act to construct the rail- p

way or street railway (if the section of the Act in which
the words occur is applicable by its terms to street rail-
ways), and shall include all persons or corporations leas-
ing or operating any railway.

(20) "The railway" shall mean the railway and works ..Tne Kail.
by the special Act authorized to be constructed; vvay-'

(21) "Street railway" shall mean a railway constructed " street Bail-
or operated along a highway under or by virtue of an way'
agreement with or by law of a city or town, and shall
include all portions of such railway within such city or

town and for one and a half miles beyond the limits there-
of. Although such one and a half miles may be constructed
under a b\-law of, or agreement with a municipality, other
than such city or town.

(22) "Shareholder" shall mean every subscriber to orjj.^aJ*
holder of stock in the undertaking, and shall extend to

and include the personal representatives of the share-
holder.

(23) "Inspecting engineer" shall mean an engineer who is "inspecting
directed by the Board to examine any railway or works, englIleer-
and shall include two or more engineers when two or more

are so directed ;

(24) "Working expenses" shall mean and include all ex- "Working
penses of maintenance of the railway, and all such tolls, expenses-
rents or annual sums as are paid in respect of property
leased to or held by the company, apart from the rent

of any leased line, or in respect of the hire of rolling
stock, let to the company; also all rent charges or inter-
est

204

Chap. 30.

RAILWAYS.

6 Edw. VII.

est on the purchase money of lands belonging to the com-
pany purchased but not paid for or not fully paid for; and
also expenses of or incidental to working the railway, and
the traffic thereon, including all necessary repairs and
supplies to rolling stock while on the lines of another
company; also rates, taxes, and insurance; also, all salaries
and wages of persons employed in and about the working of
the railway and traffic; and all office and management ex-
penses, including directors' fees, agency, legal and other like
expenses ; also all costs and expenses of and incidental to the
compliance by the company with any order of the Board
under this Act; and generally all such charges, if any, not
above otherwise specified, as in all cases of English railway
companies are usually carried to the debit of revenue as
distinguished from capital account;

Traffic. (25) "Traffic" shall include passengers, goods and rolling

stock.

"Train." (26) "Train" shall include any engine, motor car or other

rolling stock;

stock1"161 "Rolling stock" shall mean and include any locomo-

tive, engine, motor, car, tender, snow plough, Sanger, and
every description of car or of railway equipment designed
for movement, on its wheels, over or upon the rails or
tracks of the company;

"secretary." (28) "Secretary" shall mean the Secretary of the Board.

APPLICATION OF ACT.

Application
of Act.

3. — (1) This Act shall, unless otherwise expressed, apply
to all persons, companies, railways (other than Government
railways) and (when so expressed) to street railways
within the legislative authority of the Legislature of On-
tario, and whether such railways are operated by steam,
electricity or other motive power, and whether constructed
and operated on highways or on lands owned by the com-
pany or partly on highways and partly on such lands, and
shall be incorporated and construed, as one Act, with the
special Act, subject as herein provided.

Application to (2) No section of this Act shall apply to street railways

street railways. \ ' , 1 • i i

unless it is so expressed and provided.

Any section
may be ex-
cepted by
Special Act.

4. Any section of this Act may, by any special Act
passed by the Legislature, be excepted from incorporation
therewith, or may thereby be extended, limited or quali-
fied. It shall be sufficient, for the purposes of this sec-
tion, to refer to any section of this Act by its number
merely.

1906.

RAILWAYS.

Uhap. 30.

205

5. If in any special Act heretofore passed by the Legisla- or may be
ture it is enacted that any provision of The Railway Aol ofu

mi ted or

Ontario or of The Electric Railway Act, or of ThevxMaeA-
Street Railway Act in force at the time of the passing of
such special Act, is excepted from incorporation therewith, as to exeep-
or if the application of any such provision is, by such PV°evtoustc
special Act, extended, limited or qualified, the correspond- this Act-
ing provision of this Act shall be taken (to be excepted, conflict^. g
extended, limited or qualified, in like manner; and unless Act and
otherwise expressly provided in this Act or the special sPeoml Act-
Act this Act shall apply to every railway company in-
corporated under a special Act or any public Ac't of this
Province, and the sections expressly made applicable shall
apply to every street railway company so incorporated,
but where the provisions of the special Act and the pro-
visions of this Act are inconsistent the special Act shall
be taken to over-ride the provisions of this Act so far as
is necessary to give effect to such special Act.

ORGANIZATION OF THE COMPANY.

Offices.

6. The head office of the company shall be in the Head office-
place designated in the Special Act, but the company
may, by by-law, from time to time, change the location change of
of its head office to any place in Ontario, notice thereof locatlon-
to be given to the Secretary of the Board who shall keep
a register for the purpose.

Provisional Directors.

7. — (1) The persons mentioned by name as such in the doctors al
Special Act are hereby constituted provisional directors
of the company, and of such provisional directors a major- ^°„my
ity shall be a quorum, and the said provisional directors,
shall hold office as such until the first election of directors,
and may forthwith open stock books and procure subscrip- powers,
tions of stock for the undertaking, and receive payments
on account of stock subscribed and make calls upon
subscribers in respect of their stock, and sue for and Deposit of
recover the same, and receive for the company any moneys-
grant, loan, bonus or gift made to it or in aid of the un-
dertaking and enter into any agreement authorized by
this Act or by the Special Act with the person or
corporation making such grant, loan, bonus or gift res-
pecting the condition or disposition thereof and cause
plans and surveys to be made, and deposit in any charter-
ed bank of Canada having an office in Ontario moneys re-
ceived by them on account of stock subscribed, which

moneys

206

Chap. 30.

RAILWAYS.

6 Edw. VII.

Changes in
board of
provisional
directors.

moneys shall not be withdrawn, except for the purposes
of the undertaking, or upon the dissolution of the com-
pany for any cause whatsoever.

(2) The said provisional directors shall have power to
add to their number, or to substitute for any member of
the said Board of provisional directors (whether named
in the Special Act, or by the said provisional directors)
who may desire to resign or withdraw from his position
as a provisional director of the said company, any other
person as a provisional director thereof; and all such per-
sons as shall, from time to time, be provisional directors
of the said company, pursuant to the provisions of this
Act, shall constitute the board of provisional directors
thereof.

Allotment of
stock.

(3) If more than the whole stock has been subscribed,
the provisional directors shall allocate and apportion the
authorized stock among the subscribers as they deem most
advantageous and conducive to the furtherance of the
undertaking; and in such allocation the said directors
may in their discretion exclude any one or more of the
said subscribers, if in their judgment such exclusion will
best secure the building of the said railway ; and all meet-
ings of the provisional board of directors shall be held at
the head office of the company or at such other place in
the Province of Ontario as may in the opinion of the pro-
visional directors best suit the interests of the company .

when subscnp- (4) No subscription for stock in the capital stock of the

tion for stock i n i i • n • ±i i

to be binding, company shall be binding on the company unless it
shall be approved by resolution of the provisional directors
or of the directors, nor unless ten per centum of the amount
subscribed has been actually paid within one month after
subscription.

Capital.

capital stodc 8. — (1) The capital stock of the company, the amount of
an s ares. which shall be stated in the Special Act, shall be divided
into shares of one hundred dollars each; and the money
so raised shall be applied in the first place, to the payment
of all fees, expenses and disbursements for procuring the
passing of the Special Act, and for making the surveys,
plans and estimates of the works authorized by the Special
Application of Act ; and all the remainder of such money shall be applied
proceeds. to the making, equipping, completing and maintaining of
the railway, and other purposes of the undertaking.

nwetingflfor ^ ^° 800n as twenty-five per centum of the capital stock
election of is subscribed and ten per centum paid thereon into some

directors.

chartered

1906.

RAILWAYS.

Chap. 30.

207

chartered bank of the Dominion having an office in the Pro-
vince of Ontario, to the credit of the company, and which
shall on no account be withdrawn therefrom unless for the
lawful purposes of the company, the said provisional direct-
ors or a majority of them shall call a general meeting of the
shareholders for the purpose of electing directors of the com-
pany, giving at least four weeks' notice of such meeting by
advertisement in the Ontario Gazette, and in at least one
newspaper published in the place where the head office is
situate, of the time, place and purpose of the said meeting.

(3) If the provisional directors neglect to call such W1]en sut>-

• oi i<> r> scnber^ ma

meeting for three months after twenty-five per centum call first
of the capital stock shall have been subscribed and ten perfng.eraIme
centum thereof paid up the same may be called by any
five of the subscribers who have so paid up ten per centum
and who collectively have subscribed for not less than
twenty-five shares of the capital stock in the company and
who have paid up all calls thereon.

(4) At such general meeting the shareholders present ^i"^tors°a.nd
either in person or by proxy, who shall at the opening of term of office,
such meeting have paid up ten per centum on the stock etc'
subscribed by them, shall elect directors of the company in
manner and qualified as hereinafter mentioned, who shall
constitute a board of directors and shall hold office until
iie next general annual meeting, and a majority of the
directors shall form a quorum of the board, and may pass
such rules, regulations and by-laws as may be deemed
expedient and are not inconsistent with this Act ; and the
said board may employ and pay one of their number as
managing director.

9. The original capital stock of the company may, w^n capifafstoc
the approval of the Board, be increased, from time to time,
to any amount, if such increase is sanctioned by a vote,
in person or by proxy, of the shareholders who hold at of ^
least two-thirds in amount of the subscribed stock of the object,
company, at a meeting expressly called by the directors
for that purpose by a notice in writing to each shareholder,
delivered to him personally, or properly directed to him
^nd deposited in the post office at least twenty days pre-
viously to such meeting, stating the time, place and ob-Entryin
ject of such meeting, and the amount of the proposed minutes,
increase ; and the proceedings of such meeting shall be
entered in the minutes of the proceedings of the company,
and thereupon the capital stock may, with such approval,
be increased to the amount sanctioned by such vote.

Gevrral

208.

Annual
meetings.

Special
meetings.

Chap. 30.

RAILWAYS.

General Meetings.

6 Edw. VII.

10. — (1) A general meeting of the shareholders for the
election of directors and for the transaction of other
business connected with or incident to the undertaking,
to be called "the annual meeting," shall be held annually

on the day mentioned in the special Act, ur on such day
as may be fixed for that purpose by the by-laws of the com-
pany and other general meetings, to be called "special
meetings," may be called at any time by the directors, or by
shareholders representing at least one-fourth in value of the
subscribed stock, if the directors, having been requested by
such shareholders to convene such special meeting, for twen-
ty-one days thereafter fail to call such meeting.

(2) The annual meetings shall be held at the head office
of the company.

Special general
meetings.

(3) Special general meetings of the shareholders of the
company may be held at such places in the Province of
Ontario and at such times and in such manner and for such
purposes as may be provided by the by-laws of the company,
upon such notice as is provided in section 11 of this Act.

Notice of
meetings.

Evidence.

11. Two weeks' public notice of any meeting of the share-
holders shall be given by advertisement, in at least one
newspaper published in the place where the head office is
situate — in which notice shall be specified the place and the
day and the hour of meeting ; all such notices shall be pub-
lished weekly, and a copy of the newspaper containing such
notice shall, on production thereof, be evidence of the suf-
ficiency of such notice.

What business
may be
transacted.

Votes on
shares.

Shareholders
may vote by
proxy.

12. — (1) Any business connected with or incident to the
undertaking may be transacted at an annual meeting, ex-
cepting such business as by this Act is required to be
transacted at a special meeting; but no special meeting
shall enter upon any business not set forth in the notice
upon which it is convened.

(2) The number of votes to which each shareholder shall
be entitled on every occasion when the votes of the share-
holders are to be given, shall be in proportion to the
number of shares held by him, and on which all calls due
have been paid.

(3) Every shareholder, whether resident in Canada or
elsewhere, may vote by proxy, if he sees fit, and if such
proxy produces from his constituent an appointment in
writing, in the words or to the effect following, that is to
say:

1906.

RAILWAYS.

Chap. 30. 209

1. . of .one of the shareholders Form of

or the , do hereby appoint proxy,

of , to be my proxy, and in my absence to vote

or give my assent to any business, matter or thing relating to the
undertaking of the said that is mentioned or proposed

at any meeting of the shareholders of the said company, in such
manner as he the said thinks proper.

In witness whereof, I have hereunto set my hand and seal, the
day of in the year

(4) Any vote by proxy shall be as valid as if the constit- Majority to
uent had voted in person, but no person shall be qualified *
to be appointed a proxy who is not himself a shareholder
in the company and every matter or thing proposed or
considered at any meeting of the shareholders shall be
determined by the majority of vetes and proxies then
present and given, and all decisions and acts of any such
majority shall bind the company, and be deemed the de-
cisions and acts of the company.

13. — (1) Copies of the minutes of proceedings and resolu- Certified
tions of the shareholders of the company, at any annual or mmutes! etc.
special meeting, and of the minutes of proceedings and
resolutions of the directors, at their meetings, extracted

from the minute book, kept by the secretary of the com- Evidence,
pany, and by him certified to be true copies extracted from
such minute books, and when sealed with the company's
seal shall, without proof of the signature of such secre-
tary, be evidence of such proceedings and resolutions in
any court.

(2) All notices given by the secretary of the company by Notices by
order of the directors shall be deemed notices by the direct- ■<^tary
ors of the company.

President and Directors.

14. — (1) A board of directors of the company to manage Election of
its affairs, the number of whom shall be stated in the directors,
special Act, and a majority of whom shall form a quorum,

shall be chosen at the annual meeting; and if such elec-
tion is not held on the day appointed therefor, the direc-
tors shall cause such election to be held at a special meet-
ing duly called for that purpose within as short a time as
possible after the day so appointed.

(2) On the day so notified, no person shall be admitted who entitled
to vote except those who would have been entitled to votetovote
had the election been held on the day when it ought to

have been held.

(3) Vacancies in the board of directors shall be filled i n Vacancies, how
the manner prescribed by the by-laws. to be filled up.

14 s. (4)

210

Chap. 30.

RAILWAYS .

6 Edw. VII.

who qualified (4) No person shall be a director unless he is a share-
director, holder, owning at least ten shares of stock absolutely

in his own right, and qualified to vote for directors at the

election at which he is chosen.

Term of office (5) The directors appointed at the last election or those
of directors. appointed in their stead, in case of vacancy, shall remain
in office until the next ensuing election of directors.

howasuppi'ied ^n case °^ ^e death, absence or resignation of any

of the directors, others may be appointed in their stead
by the remaining directors; but if such appointment is
not made such death, absence or resignation shall not in-
validate the acts of the remaining directors.

President. (7) The directors shall, at their first or at some other

meeting after the election elect one of their number to be
the president of the company, who shall, always, when
present, be the chairman of and preside at all meetings of

Vice-President, the directors, and shall hold his office until he ceases to
. be a director, or until another president has been elected
in his stead; and they may in like manner elect a vice-
president, who shall act as chairman in the absence of the
president.

Quorum. (8) The directors at any meeting at which not less than

a quorum are present, shall be competent to use and exer-
cise all and any of the powers vested in the directors.

Acta of majori- (9) The act of a majority of a quorum of the directors
whoie.md the present at any meeting regularly held, shall be deemed
the act of the directors.

casting vote. (10) No director shall have more than one vote at any
meeting, except the chairman, who shall, in case of a
division, of equal numbers, have the casting vote.

Directomo be 15, The directors shall be subject to the control of the
•harehoiders shareholders at their annual meetings, and to all by-laws
»nd by-laws. Q£ company, and to the orders and directions from time
to time made at the annual or at any special meetings, such
orders and directions not being contrary to any express
directions or provisions of this Act or the special Act.

contractors 16. No person concerned or interested in any contract

with company -i • , i , i i • . «

not to be under or with, the company, or being a surety for any
directors. contractor shall be capable of being chosen a director,
or of holding or continuing in the office of director or
provisional director, nor shall any person being a director
or provisional director or promoter of the company enter
into or be directly or indirectly interested or concerned
in or participate in the profit of any contract with the
company, not relating to the purchase of land necessary
for the railway, or be or become a partner of any contrac-

14a s. tor

1906.

RAILWAYS .

Chap. 30.

211

tor with the company; and in the event of any such cou-
tract being made by or on behalf of any director or pro-
visional director or promoter an action shall lie in any
court of competent jurisdiction against such director or
provisional director or promoter at the suit of any share-
holder of the company or of any municipality through
which any part of the railway passes, for the benefit of the
funds of the company, for the whole amount of profit
accruing to such director, provisional director or promoter
from the contract so made or fulfilled. .

17. The directors may make by-laws for the manage- By-laws for
ment and disposition of the stock, property, business and of company,
affairs of the company, not inconsistent with the laws of

this Province, and for the appointment of all officers,
servants and artificers, and for prescribing their respective
duties and salaries.

18. The directors may from time to time appoint such May appoint
officers as they deem requisite, and shall take sufficient officers-
security, by one or more penal bonds, or otherwise, from

the manager and officers for the time being, for the safe
keeping and accounting by them respectively of the mon-
eys raised by virtue of this Act and the special Act, and
for the faithful execution of their offices, as the directors
think proper.

19. The directors may by by-law or resolution provide for Retirement of
the retirement of such of the company's officers and serv- offlcers' etc-
ants, on such terms as to an annual allowance or otherwise,

as in each case the directors, in the interest of the com-
pany's service and under the circumstances, consider just
and reasonable.

20. The directors may be paid such reasonable remunera- Remuneration!
tion for their services as may be sanctioned by the share- 01 directors-
holders by resolution passed at the annual general meeting

to be held for the purpose of electing the successors of such
directors.

21. In case of the absence or illness of the president, Acting
the vice-president, and in case of the absence or illness of presl en '
the president and vice-president a director appointed for

that purpose shall have all the rights and powers of
the president, and may sign all debentures, and other
instruments, and perform all acts which by the regulations
and by-laws of the company or by this Act are required
to be signed, performed and done by the president.

22. The directors may at any meeting require the sec- p\esident°may
retary to enter such absence or illness among the proceed- ^J^** Jn
ings of such meeting, and a certificate thereof signed by and certified,
the secretary shall be delivered to any person or persona etc*

requiring

212 Chap. 30. railways. 6 Edw. VII.

requiring the same on payment to the treasurer of fl,
and such certificate shall be taken and considered as prima
facie evidence of such absence, or illness at and during
the period in the said certificate mentioned in all pro-
ceedings in courts of^ justice or otherwise.

caule'annuai ^3. The directors shall cause to be kept, and annually
accounts to be 0n the 31st day of December, shall cause to be made up
and balanced, a true, exact and particular account of all
moneys collected and received by the company, or by the
directors or manager thereof, or otherwise, for the use
of the company, and of the charges and expenses attend-
ing: the erecting, making, supporting, maintaining and
carrying on of the undertaking, and of all other receipts
and expenditures of the company.

Calls.

Calls- 24. — (1) The directors may from time to time make

such calls of money not exceeding ten per centum of
the amount subscribed upon the respective shareholders, in
respect of the amount of capital respectively subscribed
or owing by them, as they deem necessary, and thirty
days' notice at the least shall be given of each call, and
no call shall exceed the prescribed amount determined
in the special Act, or be made at a less interval than two
months from the previous call, nor shall a greater amount
be called in, in any one year than the amount prescribed
in the special Act, but nothing herein contained shall
prevent the directors from making more than one call by
one resolution of the board : Provided, that the intervals
between such calls, the notices of each call, and the other
provisions of this Act and of the special Act, in respect
of calls, are duly observed and given.

meetings how (^) All notices of calls upon the shareholders of the
published. company shall be published weekly in the Ontario Gazette

(3) Every shareholder shall be liable to pay the amount
of the call so made in respect of the shares held by him
to the persons and at the times and places from time to
time appointed by the company or the directors.

(4) If, before or on the day appointed for payment any
shareholder does not pay the amount of the call, he shall
be liable to pay interest for the same, at the legal rate
for the time being, from the day appointed for the pay-
ment thereof to the time of the actual payment.

Amount of call (5) If at the time appointed for the payment of a call,
recovered by a shareholder fails to pay the amount of the call, he may
suit- be sued for the same in any court of competent jurisdic-

tion, and the same may be recovered, with lawful interest
from the day on which the call became payable.

Payment of
calls, how to
be made.

Interest to be
chargeable on
unpaid calls.

1906.

KAIL WAYS .

Chap. 30. 213

(6) In an action to recover money due upon a call, it whatformaii-
shall not be necessary to set forth the special matter, but m^ttonlf'ror
it shall be sufficient to state that the defendant is the calls
holder of one share or more, stating the number of shares,
and is indebted in the sum of money to which the calls
in arrear amount, in respect of one call or more, upon
one share or more, stating the number and amount of each
of such calls, whereby an action has accrued to the com-
pany by virtue of the special Act. v

Shares and their Transfer.

25. — (1) Shares in the company may, by the holders shares may t><
thereof, be sold and transferred by instrument in writing, transferred,
made in duplicate — one part of which shall be delivered to

the directors, to be filed and kept for the. use of the com-
pany, and an entry whereof shall be made in a book to be
kept for that purpose, and no interest or dividend on the
shares transferred shall be paid to the purchaser until such
duplicate is so delivered, filed and entered.

(2) Transfers may be in the form following, varying the Form of
same, as the case may require: — transfer.

I, A. B., in consideration of the sum of paid
to me by C. D., hereby do sell and transfer to him
share (or shares) of stock of the , to hold to

him the said C. Z)., his executors, administrators and assigns, sub-
ject to the same rules and orders, and on the same conditions that
I held the same immediately before the execution hereof. And I the
said C. D. do hereby agree to accept the said share (or

shares) subject to the same rules, orders and conditions.

Witness our hands this day of

in the year 19 .

26. The stock of the company shall be personal estate, but shares to be
no shares shal be transferable until all previous calls thereon -SS''
have been fully paid in, or the said shares have been declared
forfeited for the non-payment of calls thereon, and no trans-
fer of less than a whole share shall be valid.

27. If any share in the company is transmitted by the Transmission
death, bankruptcy, or last will, donation or testament, or thanbv trans6
by the intestacy, of any shareholder, or by any lawful ^;provi<ied
means other than the transfer hereinbefore mentioned, the

person to whom such share is so transmitted shall deposit
in the office of the company a statement in writing, signed
bv him, declaring the manner of such transmission, to-
gether with a duly certified copy or probate of such will,
donation or testament, or sufficient extracts therefrom,
and such other documents or proof as may be necessary;
without which such person shall not be entitled to receive
any share of the profits of the company, or to vote in re-
spect of any such share as the holder thereof

214 Chap. 30.

RAILWAYS.

6 Edw. VII.

trusts.

Company not 28. The company shall not be bound to see to the ex-
executionSof t0 ecution of any trust, whether express, implied or construc-
tive, to which any of the shares may be subject; and the
receipt of the person in whose name any share stands
in the books of the company, or if it stands in the name
of more persons than one, the receipt of one of the per-
sons named in the register of shareholders, shall from
time to time be a sufficient discharge to the company for
any dividend or other sum of money payable in respect
of the share, notwithstanding any trust to which the share
may then be subject, and whether or not the company have
had notice of the trust ; and the company shall not be
bound to see to the application of the money paid upon
such receipt.

proprietorship" 29.— (1) The certificate of proprietorship of a share shall
prima facie be admitted in all Courts as prima facie evidence of the

title of any person, bis executors, administrators, successors

or assigns, to the share therein specified.

Want of
certificate not
to prevent
disposing of
shares.
Penalty for
refusal to pay
calls.

(2) The want of such certificate shall not prevent the
bolder of any share from disposing thereof.

(3) Shareholders neglecting or refusing to pay a ratable
share of the calls as aforesaid, for the space of two months
after the time appointed for the payment thereof, shall
forfeit their respective shares in the undertaking and all
the profit and benefit thereof ; all which forfeitures shall
go to the company for the benefit thereof.

Forfeiture of (4) No advantage shall be taken of the forfeiture un-
token^dvtn- less the same is declared to be forfeited at a general meet-
aa|ln°erainly at *n£ °^ tne company, assembled at any time after such
meeting. forfeiture occurred.

Effect of
forfeiture as
to liabilities.

(5) Every such forfeiture shall be an indemnification
to and for every shareholder so forfeiting, against all
actions or prosecutions whatever, commenced or prosecuted
for any breach of contract or other agreement between
such shareholder and the other shareholders with regard
to carrying on the undertaking.

Sale of forfeited
•hares.

30. The directors may sell, either by public auction or
private sale, any shares so declared to be forfeited, upon
authority therefor having been first given by the share-
holders either at the general meeting at which such shares
were declared to be forfeited or at anv subsequent general
meeting.

Limitation. 31. The company shall not sell or transfer more of the
shares of any such defaulter than will be sufficient, as
nearly as can be ascertained at the time of such sale, to
pav the arrears then due from such defaulter on account

1906. railways. Chap. 30. 215

of any calls, together with interest, and the expenses at-
tending such sale and declaration of forfeiture; and if the
money produced by the sale of any such forfeited shares
is more than sufficient to pay all arrears of calls and in-
terest thereon due at the time of such sale, and the ex-
penses attending the declaration of forfeiture and sale
thereof, the surplus shall, on demand, be paid to the de-
faulter. ;

32. If payment of such arrears of calls and interest and Payment of

iio i j i i arrearsibefore

expenses is made before any share so forfeited and vested gaie.
in the company is sold, such share shall revert to the per-
son to whom it belonged before such forfeiture, in such
manner as if such calls had been duly paid.

33. A certificate of the treasurer of the company that certificate of
the forfeiture of the shares was declared, shall be suffi- evidence of 'b*
cient evidence of the fact, and if the certificate so states, of forfelture^and
their purchase by the purchaser ; and such certificate,with the purohMer.
receipt of the treasurer for the price of such shares, shall
constitute a good title to the shares ; and the certificate shall

be, by the said treasurer, registered in the name and with the
place of abode and occupation of the purchaser, and shall
be entered in the books to be kept by the company; and
such purchaser shall thereupon be deemed the holder of
such shares, and shall not be bound to see to the applica-
tion of the purchase money, — and his title to such shares
shall not be affected by any irregularity in the proceedings
in reference to such sale; and any shareholder may pur-
chase any share so sold.

34. Any shareholder who is willing to advance the rntereat on
amount of his shares, or any part of the money due upon *dvg^" reader
his shares, beyond the sums actually called for, may pay to company,
the same to the company, — and upon the principal moneys

so paid in advance, or so much thereof as, from time to
time, exceeds the amount of the calls then made upon the
shares in respect to which such advance is made, the com-
pany may pav such interest, at the lawful rate of interest
for the time being, as the shareholders, who pay such KT . .

. ii r. ^ .No interest to

sum m advance, and the company agree upon; but such be paid out of
interest shall not be paid out of the capital subscribed. caPltal-

Shareholders .

35. Each shareholder shall be individually liable ^° fnd'vidu'ail™
the creditors of the company to an amount equal to the nabie tin shares
amount unpaid on the stock held by him, for the debts pai<3up
and liabilities of the company, and until the whole amount
of his stock has been paid up in cash ; but shall not be
liable to an action therefor before an execution against
the company has been returned unsatisfied in whole or

216

Chap. 30.

RAILWAYS .

6 Edw. VII.

in part, and the amount due on such execution shall be
the amount recoverable with costs against such share-
holder. »

Account oi
names and
residence of
shareholders
to be kept.

Rights of
aliens.

36. A true and perfect account of the names and places
of abode of the several shareholders shall be entered in a
book to be kept for that purpose, as well as of the several
persons who from time to time become proprietors of, or
entitled to any shares therein, and of all the other acts,
proceedings and transactions of the company and of the
directors for the time being and such account shall be open
to the inspection of the shareholders.

37. Aliens, and companies incorporated abroad as well
as British subjects and corporations, may be shareholders
in the said company, and all such shareholders, whether
resident in this Province or elsewhere, shall be entitled to
vote on their shares equally with British subjects, and,
corporations excepted, shall also be eligible to office as
directors in the company.

Preference
stock by-law
for issuing.

Special rights
of preference
shareholders.

Unaniiaou

sanction

required.

Preference Stock.

38. — (1) The directors may make a by-law for creating
and issuing any part of the capital stock as preference
stock, giving the same such preference and priority as re-
spects dividends and otherwise over ordinary stock as may
be declared by the by-law.

(2) The bv-law may provide that the holders of shares
of such preference stock shall have the right to elect a
certain stated proportion of the board of directors, or may
give them such other control over the affairs of the com-
pany as may be considered expedient.

(-3) No such by-law shall have any force or effect what-
ever until after it has been unanimously sanctioned by a
vote of the shareholders present in person or by proxy, at
a general meeting of the company duly called for consider-
ing the same, or unanimously sanctioned in writing by
the shareholders of the company; provided, however, that
if the by-law be sanctioned by three-fourths in value of
special proviso. ^e shareholders of the company the company may petition
the Board for an order approving the said by-law, and the
Board may approve thereof and from the date of such
approval the by-law shall be valid and may be acted upon.

(4) Holders of shares of such preference stock shall be
shareholders within the meaning of this Act, and shall
in all respects possess the rights and be subject to the lia-
bilities of shareholders within the meaning of this Act,
provided, however, that in respect of dividends and other-
wise they shall, as against the ordinary shareholders, be
entitled to the preferences and rights given bv such by-law.

(5)

Rights and
liabilities of
preference
shareholders.

1906.

RAILWAYS.

Chap. 30. 217

(5) Nothing in this section contained or done in pur-^'JaH^f
suance thereof shall affect or impair the rights of creditors preserved,
of the company.

Dividends and Interest.

39. — (1) The directors may, at a general meeting, declare ^dividends,
a dividend to be paid out of the net profits of the under-
taking. k

(2) Such dividends shall be divisible among the share- D^^°n of
holders in proportion to the amounts paid up in cash upon
the shares held by them respectively.

40. The directors may, before recommending any divi- Reserve fund,
dend, set aside out of the profits of the company such sums

as they think proper as a reserve fund, to meet contingen-
cies, or for equalizing dividends, or for repairing, main-
taining, renewing or extending the railway or any portion
thereof, and shall submit their action in regard to such
reserve fund to the shareholders at a general meeting for
their approval ; and the directors may invest the sum so set
apart as a reserve fund in such securities as they select,
not however inconsistent with this or the special Act.

41 . No dividend shall be declared whereby the capital Dividend not
of the company is in any degree reduced or impaired, or capita* etc.
be paid out of such capital, nor shall any dividend be

paid, in respect of any share after a day appointed for
payment of any call for money in respect thereof, until
such call has been paid; but the directors may, in their
discretion, until the railway is completed and opened to
the public, pay interest at any rate not exceeding five per
centum per annum, on all sums actually paid in cash in
respect of the shares, from the respective days on which {,etpafdt0nay
the same have been paid; and such interest shall accrue calls pending
and be paid at such times and places as the directors ap- cTroadf
point for that purpose.

42. The directors may deduct, from any dividend pay- Arrears may
able to any shareholder, all or any such sum or sums of '/reom3ducted
money as are due from him to the company on account of dividends,
any call or otherwise.

Bonds, Mortgages, and Borrowing Powers.

43. — (1) The directors of the company, under the author- issue of bonds
ity of the shareholders, to them given.at any special meet-'

ing, called for the purpose in the manner provided by this
Act. or at any annual meeting for which like notice of in-
tention to apply for such authority has been given as is re-
required in the case of a special meeting, and at which

meeting

218

Chap. 30.

RAILWAYS.

6 Edw. VII.

Procedure. meeting, whether annual or special, shareholders repre-
senting at least two-thirds in value of the subscribed stock
of the company, and who have paid all calls due thereon,
are present in person or represented by proxy, may, subject
to the provisions in this Act and the Special Act contained,
issue bonds, debentures, perpetual or terminating debenture
stock, or other securities, signed by the president or other
presiding officer and countersigned by the secretary, which
countersignature and the signature to the coupons at-
tached to the same may be engraved; and such securities
may be made payable at such times and in such manner,
when and and at such place or places in Canada or elsewhere, and
may bear such rate of interest, not exceeding five per
cent, per annum, as the directors think proper.

where payable
Interest.

iDgpowers.nd" (2) Such bonds, debentures or other securities shall not
exceed the amount authorized by the special Act and may
be issued only in proportion to the length of railway con-
structed or under contract to be constructed.

onbondsmoney (3) The directors may issue and sell or pledge all or any
of the said bonds, debentures, or other securities, at the
best price and upon the best terms and conditions which
at the time they may be able to obtain, for the purpose
of raising money for nrosecuting the said undertaking.

Forn]lLnthan be (4) No such bond, debenture or other security shall be
$ioo. for a iess sum than one hundred dollars.

bonds to bTa ^ne Power °^ issuing bonds conferred upon the corn-

continuous pany hereby or under the special Act shall not be construed
as being exhausted by such issue; but such power may
be exercised from time to time upon the bonds constitut-
ing such issue being withdrawn or paid off and duly can-
celled; but the limit to the amount of bonds, debentures
or other securities fixed in the special Act shall not be
exceeded.

Mortgages 44. — (1) The company may secure such bonds, debentures,
bondTetc. or other securities, by a mortgage deed creating such
mortgages, charges and incumbrances upon the whole of
such property, assets, rents and revenues of the company,
present or future or both, as are described in the said deed,
but such rents and revenues shall be subject in the
first instance to the payment of any penalty imposed for
non-compliance with the requirements of this Act respect-
ing returns to be made under this Act and next to the
payment of the working expenditure of the railway.

(2) By the said deed the company may grant to the
holders of such bonds, debentures or other securities, or
the trustees named in such deed, all and everv the powers,
risrhts and remedies granted by this Act in respect of the
said bonds, debentures, or other securities, and all other
powers, rights and remedies not inconsistent with this

Act,

1906.

RAILWAYS.

Chap. 30. 219

Act, or may restrict the said holders in the exercise of
any power, privileges or remedy granted by this Act, as the
case may be; and all the powers, rights and remedies so
provided for in such mortgage deed shall be valid and
binding and available to the said holders in manner and
form as therein provided.

(3) The company may except from the operation of any "°y^|ges
such mortgage deed any assets, property, rents or revenue limited,
of the company, and may declare and provide therein that

such mortgage shall only apply to and affect certain sections
or portions of the railway or property of the company, but
where any such exception is made, the company shall in
such mortgage deed expressly specify and describe, with
sufficient particularity to identify the same, the assets, pro-
perty, rents or revenue of the company, or the section or
portions of the railway, not intended to be included therein
or conveyed thereby.

(4) Every such mortgage deed and every assignment deposed wi'
thereof or other instrument in any way affecting such fewitar^and
mortgage or security shall be deposited in the office of the notice given.
Board, of which deposit notice shall forthwith be given in

the Ontario Gazette. Such mortgage deed or other instru-
ment need not be registered under the provisions of any law
respecting registration of instruments affecting real or per-
sonal property.

(5) A copy of any such deed or instrument so deposited, Evidence,
certified to be a true copy by the Secretary, shall be received

as prima facie evidence of the original in all courts without

proof of the signature of such official.

45. The bonds, debentures, or other securities, hereby Bonds, etc.,
authorized to be issued, shall be taken and considered to be

the first preferential claim and charge upon the company,
and the franchise, undertaking, tolls and income, rents
and revenues, and real and personal property thereof, at
any time acquired, save and except as hereinbefore pro-
vided.

46. Each holder of the said bonds, debentures or other Bondholders,
securities, shall be deemed to be a mortgagee or incumb- Mortgagees,
rancer upon the said securities pro rata with all the other
holders, and no proceedings authorized by law or by this

Act shall be taken to enforce payment of the said bonds,
debentures or other securities or of the interest thereon
except through the trustee or trustees appointed by or under
such mortgage deed.

47. — (1) If the company makes default in paying theRightsof
principal or interest on any of the bonds, debentures or bondlTetc.,
other securities hereby authorized, at the time when the "P""^^1*

same

220

Chap. 30.

RAILWAYS.

6 Edw. VII.

Right of
bondholder,
etc., to rote
at meetings.

same, by the terms of the bond, debenture or other security,
becomes due and payable, then at the next annual general
meeting of the company, and at all subsequent meetings,
all holders of bonds, debentures or other securities so being
and remaining in default shall, in respect thereof, have
and possess the same rights and privileges and qualifications
for being elected directors and for voting at general meet-
ings, as would attach to them as shareholders if they held
fully paid up shares of the company to a corresponding
amount.

(2) Each such holder of bonds, debentures or other
securities shall, for the purpose of voting at any such meet-
ing, be deemed to be a shareholder and shall be entitled to
as many votes as if he held shares in the company on which
all calls had been paid, equal at a par valuation, to the
amount of such bonds, debentures or other securities so held
by him, and may vote by proxy in like manner and to the
same extent as a shareholder, but no person who is not him-
self a bondholder of or shareholder in the company shall be
qualified to be appointed a proxy.

(3) The rights given by this section shall not be exer-
cised by any such holder unless it is so provided by the
mortgage deed, nor unless the bond, debenture or other
security, in respect of which he claims to exercise such
rights has been registered in his name, in the same man-
ner as the shares of the company are registered at least
ten days before he attempts to exercise the right of vot-
ing thereon ; and the company shall be boiind on demand
to register such bonds, debentures or other securities, and
thereafter any transfers thereof, in the same manner as
shares or transfers of shares.

other rights (4) The exercise of the rights given by this section shall
mortgage deed n°t take away, limit or restrain any other of the rights
preserved. or remedies to which the holders of the said bonds, deben-
tures of other securities are entitled under the provisions
of such mortgage deed.

When right
of voting
may be
exercised.

Bonds, etc.,
mode of
transfer of.

48. All bonds, debentures or other securities hereby
authorized may be made payable to bearer, and shall in
that case be transferable by delivery, until registration
thereof as hereinbefore provided, and while so registered
they shall be transferable by written transfers, registered
in the same manner as in the case of the transfer of
shares.

Power to
borrow money
by overdraft,
etc

49. The company may, for the purposes of the under-
taking, borrow money by overdraft or upon promissory
note, warehouse receipt, bill of exchange or otherwise
upon the credit of the company and become party to pro-
missory notes and bills of exchange ; and every such note
or bill made, drawn, accepted or endorsed, by the president

1906.

RAILWAYS.

Chap. 30. 221

or vice-president of the company, or other officer author-
ized by the by-laws of the company, and countersigned
by the secretary of the company, shall be binding on the
company ; and every such note or bill of exchange so made,
drawn, accepted or endorsed shall be presumed to have
been made, drawn, accepted or endorsed with proper
authority, until the contrary is shown; and in no case
shall it be necessary to have the seal of the company affixed Noseal
to such promissory note or bill of exchange, nor shall the necessary .
president or vice-president or secretary or other officer of
the company, so authorized be individually responsible
for the same, unless such promissory note or bill of ex-
change has been issued without proper authority; but
nothing in this section shall be construed to authorize the
company to issue any note or bill payable to bearer, or Notes;notto
intended to be circulated as money or as the note or bill to bearer,
of a bank.

50. The sections relating to "Organization of the COm- Application
pany," being sections numbers 6 to 49 inclusive, shall apply ^ |trett9
to street railway companies. ■ railway

J r companies.

POWERS.

51. Subject to the provisions of this Act and the spe- powers:
cial Act the company shall have power and authority —

(-1) To survey, lay out, construct, complete, equip and
maintain a railway to be operated by steam or a rail-
way or street railway to be operated by electricity, with
double or single tracks;

(2) To receive, take and hold all voluntary grants and do- xo?receive
nations of land or other property or any bonus of money or fand^tc. ;
debenture or other benefit of any sort made to it, to aid in

the construction, maintenance and accommodation of the
railway, but the same shall be held and used for the pur-
pose of such grants or donations only;

(3) To purchase, take and hold of any person any land or purchase
other property necessary for the construction, maintenance, land ;
accommodation and use of the railway, and also to alienate,

sell or dispose of the same so soon as, for any reason, it has
become not necessary for the purposes of the company.

(4) To construct, maintain and work the railway across And across'or
along or upon any stream of water, water course, canal or £{°ng streams
highway which it intersects or touches; but the stream,

water course, highway, canal or railway so intersected or
touched, shall be restored by the Company to its former
state, or to such state as not to impair its usefulness; but
this shall *iot authorize the ob«"' ruction of the navigation
of any n- "able r'ater;

(5)

222 Chap. 30. railways. 6 Edw. VII.

dLckshetces' l^'0 Purcnase land f°r aild erect power-houses, ware-

houses, elevators, docks, stations, workshops, and offices
and to sell and convey such land as may be found super-
fluous for any such purpose, and to purchase and acquire
stationary or locomotive engines, motors, carriages, waggons
and other machinery and contrivances necessary for the
working of the railway and the accommodation and use of
the passengers, freight and business of the railway; and to
hold as part of the property of the said company as many
steam or other vessels as the directors of the company may
deem requisite from time to time to facilitate the carriage
of passengers, freight and other traffic in connection with
the railway;

Branch ran- (6) To make branch railways, if required and provided
for by the special Act, and to manage the same, and for that

purpose to exercise all the powers, privileges and authori-
ties necessary therefor, in as full and ample a manner as
for the railway ;

convey per- (7) To take, transport, carry and convey persons and

sons and goods j -i a l x ±t ±- j

on railway; goods on the railway, to regulate the time and manner m
which the same shall be transported, and the tolls and
compensation to be paid therefor, and to receive such tolls
and compensation;

Enter upon (8) To enter into and upon the lands of any corporation
lands, etc. ; Qr pergon whatsoever lying in the intended route or line
of the railway; and, with the consent of the Lieutenant-
Governor in Council in that behalf, into and upon any
lands of His Majesty the property of this Province;

Make survey (9) To make surveys, examinations, or other necessary
of lands; arrangements on such lands necessary for fixing the site
of the railway, and to set out and ascertain such parts of
the lands as are necessary and proper for the railway;

Remove trees. (10) To fell or remove any trees standing in any woods,
lands or forests, where the railway passes, to the distance
of six rods from either side thereof. The company shall
make full compensation to the owner of any tree so cut down
and the amount of such compensation shall on the applica-
tion of the owner be determined by the Board ;

construct (11) To make or construct upon, across, under or over

bridges^rains any railway, tramway, river, stream, watercourse, canal,
fences, etc. or highway, which it intersects or touches, temporary or
permanent inclined planes, tunnels, embankments, aque-
ducts, bridges, roads, ways, passages, conduits, drains,
piers, arches, cuttings and fences;

Divert high- (12) To divert, or alter, as well temporarily as perma-
wateVways. nently, the course of any such river, stream, watercourse,
or highway, or raise or sink the level thereof, in order the
more conveniently to carry the same over, under or by the
side of the railway;

(13)

1906.

RAILWAYS.

Chap. 30. 223

(13) To make drains or conduits into, through, or under construct
any lands adjoining the railway, for the purpose of con-drams-
veying water from or to the railway ;

(14) With consent of the Board after notice to any Divert drains,
person interested, to divert or alter the position of any ^jJJ-es' and
water-pipe, gas-pipe, sewer or drain, or any telegraph, tele-
phone, or electric lines, wires or poles;

(15) With consent of the Board after notice to any Alter and sub-

• , xjj> i- i n ■ Btittlte other

person interested, irom time to time to alter, repair or works,
discontinue the before-mentioned works, or any of them,
and substitute others in their stead ;

(16) To cross, intersect, join and unite the railway with other ra!i-h
any other railway at any point on its route, and upon the ways ;
lands of such other railway, with the necessary conven-
iences for the purposes of such connection ; and the owners

of both railways may unite in forming such intersection,
and grant the facilities therefor; and the amount of com-
pensation to be made therefor, the point and manner of such
crossing and connection, shall be determined by the Board
as provided by this Act ;

(17) To do all other acts necessary for the construction, other neces-
maintenance and operation of the railway in pursuance ofsaryActs-
and according to the meaning and intent of this Act, and

of the special Act.

52. The provisions for the ascertainment of compensation Application of
contained in subsection 16 of section 51 of this Act shall not \*** sut£eding
extend or apply to any railway incorporated under an Act sections.

of the Legislature of Ontario, in any case in which it is pro-
posed that such railway shall cross, intersect, join, or unite
with, or be crossed, intersected, joined or united with a rail-
way under the legislative control of Canada.

53. The company shall, in the exercise of the powers compensation
by this or the Special Act granted, do as little damage for damage,
as possible, and shall make full compensation, in the man-
ner herein or in the Special Act provided, to all parties
interested, for all damage by them sustained by reason of

the exercise of such powers.

54. - — (1) The railway company shall not take possession occupy public
of, use or occupy any lands belonging to the Province, with- ^nd8' beaches,
out the consent of the Lieutenant-Governor in Council; but

with such consent such company may take and appropriate
for the use of their railway and works, but not alienate,
so much of the wild lands of the Province lying on the
route of the railway as have not been granted or sold, and
as may be necessary for the railway, as also so much of
the public beach or of the land covered with the waters of

any

224

Chap. 30.

RAILWAYS .

6 Edw. VII.

any lake, river, stream or canal, or of their respective beds,
as is necessary for making and completing and using their
said railway and works;

(2) The extent of the public beach or of the land covered
with water of any river or lake in the Province of Ontario
taken for the railway shall not exceed the quantity limited
in section 60 of this Act.

bhm'gde inThe ^ company

line of a rail- the location of its line of railway in any particular part
for the purpose of lessening a curve, reducing a gradient,
or otherwise benefiting such line of railway, or for any
other purpose of public advantage, may, with the leave of
the Board, make such change; and all the clauses of this
Act shall refer as fully to the part of any such line of rail-
way so at any time changed or proposed to be changed as to
the original line; but no railway company shall have any
right to extend its line of railway beyond the termini men-
tioned in the special Act.

Telegraph and Telephone Lines.

which desires at any time to change

way at any
time for cer-
tain purposes.

Telephone and
telegraph lines

Proviso.

56. — (1) Except as provided in subsections 3 and 4 of this
section the company may construct and operate an electric
telegraph line and a telephone line throughout and along
the whole line of railway, and the branches thereof, or any
part of the said railway or branches, and for the purpose of
constructing, working and protecting the said telegraph and
telephone lines, the powers conferred upon telegraph com-
panies by The Act respecting Telegraph Companies, being
chapter 192 of the Revised Statutes of Ontario, 1897, are
hereby conferred upon the company; provided that no
poles shall be erected in the construction of either of the
said lines in or through any city, town or incorporated'
village, without an agreement with the council of such city,,
town or village being first obtained by the company ; pro-
vided, also, that such telegraph and telephone lines shall
be used exclusively for the purooses of the business of the
company. Provided also that in case the parties are
unable to agree, the terms and conditions upon which such
poles may be erected shall be determined by the Board.

Municipal
telephone
systems,
connections
with .

(2) Whenever any municipal corporation or person has
authority to construct, operate and maintain a telephonic
system in any district, and is desirous of obtaining tele-
phonic connection or communication with or within any sta-
tion or premises of the company, in such district, and can-
not agree with the company with respect thereto, such muni-
cipal corporation or person may apply to the Board for leave
therefor, and the Board may order the company to provide
for such connection or communication upon such terms as to
compensation as the Board d^ems just and expedient, and

may-

1906.

RAILWAYS.

Chap. 30. 225

may order and direct how, when, where, by whom and
upon what terms and conditions such telephonic connec-
tion or communication shall be constructed, operated and
maintained.

(3) No lines or wires for the conveyance of light, heat, ^/o^'rafiway.
power or electricity, shall be erected, placed or maintained

across the railway without leave of the Board.

(4) ' Upon any application for such leave, the applicant Plans to be
shall submit to the Board a plan and profile of the part Board. e °
of the railway proposed to be affected showing the pro-
posed location of such lines and wires and the works con-
templated in connection therewith; and the Board may

grant such application and may order by whom, how, ^ard.by
when, and on what terms and conditions, and under what
supervision, such work shall be executed; and upon such
order being made such lines and wires may be erected,
placed and maintained across the railway subject to and
in accordance with such order.

(5) As soon as practicable after its organization the ^dlcrral r,ules
Board shall promulgate rules and regulations and standard tions^fBoard.
plans and specifications to be adhered to in carrying lines

of wires to be used for telephone and telegraph purposes
across the railway, and no lines of such wires shall there-
after be carried across the railway in any other way or on
any other terms without the leave of the Board first ob-
tained, provided the Board may, from time to time, amend
or change as to it may seem fit such rules, regulations and
standard plans and specifications, but such rules, regula-
tions, plans and specifications and amendments or changes
thereto and thereof shall not affect crossings made before
their adoption by the Board; provided, further, that in
special cases on the application of any person or corporation rovi °'
to be affected by such crossing the Board may order that
such crossing shall be made in some other manner than that
prescribed by the standard plans and specifications, and by
whom and how and when and on what terms and conditions
and under what supervision such work shall be executed,
and upon such order being made such lines and wires may
be erected, placed and maintained across the railway, sub-
ject to and in accordance with such order.

Interchange of Traffic.

57. — (1) The directors of any railway company may at One company
any time, and from time to time, make and enter into any with another
agreement or arrangement with any other company, either Jraffio""8
in this Province or elsewhere, for the regulation and
interchange of traffic passing to and from the railways
of the said companies, and for the working of the traffic
over the said railways respectively, or for either of those
1 5 S. objects

226 Chap. 30.

RAILWAYS.

6 Edw. VII

objects separately, and for the division and apportion-
ment of tolls, rates and charges in respect of such traffic,
and generally in relation to the management and working
of the railways, or any of them, or any part thereof, and
of any railway in connection therewith, for any term not
exceeding twenty-one years, and to provide, either by
proxy or otherwise, for the appointment of a joint com-
mittee or committees for the better carrying into effect
such agreement or arrangement, with such powers and
functions as may be considered necessary or expedient,
subject to the consent of two-thirds of the shareholders,
voting in person or by proxy.

Railway Com-
panies must
afford each
other every
facility for the
forwarding of
traffic, with
out preference
or favour.

(2) Every railway company shall, according to their
respective powers, afford all reasonable facilities to any
other railway company for the receiving and forwarding
and delivering of traffic upon and from the several rail-
ways belonging to or worked by such companies respec-
tively, and for the return of carriages, trucks, and other
vehicles; and no such company shall give or continue any
preference or advantage to or in favour of any particular
company, or any particular description of traffic, in any
respect whatsoever, nor shall such company subject any
particular company or any particular description of traffic
to any prejudice or disadvantage in any respect whatso-
ever; and every railway company having or working a
railway which forms part of a continuous line of railway,
or which intersects any other railway or which has a ter-
minus, station or wharf of the one near a terminus, sta-
tion or wharf of the other, shall afford all due and reason-
able facilities for receiving and forwarding by the one
of such railways, all the traffic arriving by the other, with-
out any unreasonable delay and without any such prefer-
ence or advantage, or prejudice or disadvantage as afore-
said, and so that no obstruction may be offered in the
using of such railway as a continuous line of communica-
tion, and so that all reasonable accommodation may at all
times, by the means aforesaid, be mutually afforded by
and to the said several railwav companies.

Penalty on
companies or
their officers
refusing or
neglecting to
forward traffic
as above
required.

How recover-
able, and bow
to be applied.

(3) If any officer, servant or agent of a railway com-
pany, having the superintendence of the traffic at any
station or depot thereof, refuses or neglects to receive,
convey or deliver at any station or depot of the company
for which they may be destined, any passenger, goods
or things, brought, conveyed or delivered to him or to
such company, for conveyance over or along the railway
from that of any other company, intersecting or coming
near to such first-mentioned railway, or in any way wil-
fully contravenes the provisions of the next preceding
subsection — such first-mentioned railway company, or such
officer, servant or agent, personally, shall, for every such
1 Pa S. ' neglect

1906.

RAILWAYS.

Chap. 30

227

neglect or refusal, incur a penalty not exceeding $50 over
and above the actual damages sustained.

(4) In case any company or municipality interested is
unable to agree as to the regulation and interchange of
traffic or in respect of any other matter in this section pro-
vided for, the same shall be determined by the Board.

(5) All complaints made under this section shall be heard
and determined by the Board.

(6 This section shall apply to such street railways as may
from time to time be determined by the Board.

Amalgamation and Running Arrangements with other
Companies.

58. — (1) The company shall have the power to agree ^fthe0fherts
for connection and making running arrangements with any companies,
other railway company, the lines of which are approached
or crossed by the line or lines of the company, if lawfully
empowered to enter into any such agreement, upon terms
to be authorized by two-thirds in value of the shareholders
at a special general meeting to be held for that purpose,
and it shall also be lawful for the company to enter into
any agreement or agreements with any such company if
lawfully authorized to enter into such an agreement, for
the sale or leasing or hiring of the whole or any portion
of the railway or the use thereof or for the sale or leasing
or hiring any engines, locomotives, motors, carriages, or
cars or any of them or of any part thereof or touching
any service to be rendered by one company to the other
and the compensation therefor, if the arrangements and
agreements shall be so authorized by two-thirds in value
of the shareholders voting in person or by proxy at a
special general meeting to be called for that purpose, and
every such agreement shall be valid and binding accord-
ing to the terms and tenor thereof subject to sub-section
3 of this section, and the company purchasing, leasing or
entering into such agreement for using the said railway
may and is hereby authorized to work the said railway in
the same manner as if incorporated with its own line.

(2) The company may contract and agree with any
other railway company the lines of which are approached
or crossed by the line or lines of the company if lawfully
authorized to enter into such arrangements, for amalga-
mation with any or either of them, provided that no such
contract shall be of any force or validity unless first
authorized by resolution passed by vote of the shareholders
in person or by proxy representing two-thirds in value
of the subscribed capital stock, and on which no call is
in default and unpaid at a general meeting specially called
for that purpose.

(3)

-228 Chap. 30.

RAILWAYS.

6 Edw. VII

bfsubTectto10 (3) No such agreement for amalgamation, connec-
boird™1 by tions, running arrangements, sale, leasing or hiring of the
railway or any portion thereof shall be of any force or effect
until approved by resolution of the Board, and every such
agreement shall be subject to such terms, conditions and
regulations, general or special, as the Board may from
time to time order.

street'aHw1 ^) This section shall apply to such street railways as may
" from time to time be determined by the Board.

PLANS AND SURVEYS.

books of d ^ -Plans and surveys and books of reference shall be

reference. made and corrected as follows :

(1) Surveys and levels shall be taken and made of the
lands through which the railway is to pass, together with
a map or plan thereof, and of its course and direction, and
of the lands intended to be passed over and taken therefor,
so far as then ascertained, and also a book of reference for
the railway, in which shall be set forth —

(a) A general description of the said lands ;
(6) The names of the owners and occupiers thereof, so
far as they can be ascertained ; and

Certifying map (2) The map or plan and book of reference shall be ex-
bookofand amined and if in all respects satisfying the provisions of
reference. this Act and the special Act shall be certified by the Board

who shall keep one copy thereof on file in the office of the

Board.

Registration of (3) The company shall also deposit copies thereof, or
^Tbookof of such parts thereof as relate to each district or county
reference. through which the railway is to pass, duly certified as
copies by the Secretary, in the registry offices of such dis-
tricts or counties respectively.

copies. (4) Any person may resort to such copies, and make

extracts or copies thereof, as occasion requires, paying to
the Secretary, or to the Registrar, at the rate of ten cents
Appeal against for every hundred words so extracted or copied. Any per-
Ko°i^n1neCa" son aggrieved by the proposed location of the line of

railway may within ten days after the deposit of the map or
plan and book of reference aforesaid in the registry office of
the district or county where the lands are situated, the loca-
tion

1906.

RAILWAYS .

Chap. 30

229

tion through which is complained of, apply to the Board,
setting forth his objections to the location of the proposed
line, and the Board shall if it considers sufficient cause
therefor exists, appoint a disinterested engineer, who shall
examine the said proposed line, and after hearing the par-
. ties he shall confirm or alter the same as may be consistent
with the just rights of all parties and of the public. The
determination of the engineer approved by the Board shall,
within ten days after his appointment, be made and certi-
fied, and such certificates shall be filed in the office of the
Registrar for the district or county where the lands are sit-
uated.

(5) The said engineer shall be entitled to reasonable fees Fees and ex-
for each day employed in connection with the said ex- engineer,
animation and work, together with his actual expenses
incurred therein, and the amount shall in the first instance

be paid by the person applying for his appointment, but
if the proposed route is altered or changed by the engin-
eer, the railway company shall refund to the applicant the
amount so paid.

(6) Any omission, misstatement or erroneous description j^'^"^ how
of such lands or of the owners or occupiers thereof, in a

map or plan or book of reference, may on application by
any party interested and -after giving ten days' notice to
the owner of the lands, be corrected by the Board on ap-
plication made to them for that purpose, and if it appears
to them that the omission, misstatement or erroneous de-
scription arose from mistake the Board shall certify the
same accordingly.

(7) The certificate shall state the particulars of such contents of
omission, and the manner thereof, and shall be deposited certincate-
in the registry office of the district or county respectively
in which such lands are situate and kept in such reg-
istry office along with the other documents to which they
relate; and thereupon the map or plan or book of reference
shall be deemed to be corrected according to such certifi-
cate ; and the company may construct and lay out the rail-
way in accordance with the certificate.

(8) If any alterations from the original plan or survey Alterations
are intended to be made in the line or course of the rail- survey"gin
way, a^plan and section in triplicate of such alterations as
have been approved of by the Board, on the same
scale and containing the same particulars as the original
plan and survey, shall be deposited in the same manner as
the original plan, and copies or extracts of the plan and
section, so far as they relate to the several districts or

counties

230 Chap. 30. railways. 6 Edw. VII

counties in or through, which the alterations have been
authorized to be made, shall be deposited in the registry
offices of such districts or counties.

General
provisions
respecting,
plans, etc.

Must be
signed.

Board may
refuse unsatis-
factory plans.

(9) All plans, profiles and books of reference required
by law to be deposited by the company with the Board,
shall be drawn to such scale, with such detail, upon such
materials, and of such character, as the Board may, either
by general regulation, or, in any case, require or sanction,
and shall be certified and signed by the president or vice-
president or general manager and also by the engineer of
the company; and any book of reference, required to be so
deposited, shall be prepared to the satisfaction of the
Board. Unless and until such plan, profile and book of
reference is so made satisfactory to the Board, the Board
may refuse to sanction the same, or to allow the same to
be deposited with the Board within the meaning of this
Act.

Further plans
as Board
requires.

(10) In addition to such plans, profiles and books of
reference, the company shall, with all reasonable expedi-
tion, prepare and deposit with the Board, any other, or
further plans, profiles, or books of reference of any por-
tion of the railway, or of any siding, station or works
thereof, which the Board may from time to time order or
require.

Registrar of
Deeds to
recei - e copies
of original
plan, etc.

Certified copy
of maps, etc.,
to be taken as
evidence.

Line not to
deviate more
than a mile.

(11) The Registrar of Deeds shall receive and retain the
copies of the original plans and surveys and books of re-
ference and copies of the plans and sections of alterations,
and copies and extracts thereof respectively, and shall
permit all persons interested to inspect any of the docu-
ments aforesaid, and to make copies and extracts of and
from the same, under penalty for default of $4.

(12) A copy of the said maps, plans, profiles and books of
reference or portions thereof certified by the Registrar of
Deeds or the Secretary shall in all courts be evidence that
such original document was so deposited at the time stated
and certified, and shall be prima facie proof of the original
so deposited, and that the same was signed, certified, at-
tested, or otherwise executed, by the persons, by whom,
and in the manner in which, the same purports to be
signed, certified, attested or executed, as shown or appear-
ing by such certified copy, and in the case of a plan, that
such plan is prepared according to a scale, and in manner
and form, sanctioned by the Board.

(13) No deviation of more than one mile from the line of
the railway or from the places assigned thereto in the said
map or plan and book of reference or plans or sections,
shall be made into, through, across, under or over any

part

1906.

RAILWAYS.

Chap. 30 231

part of the lands not shewn in such map or plan and book
of reference, or plans or sections, or within one mile of
the said line and place, save in such instances as are pro-
vided for in the special Act.

(14) The railway may be carried across or upon the E™g J," air-
lands of any person on the line, or within the distance son^enterea in
from such line as aforesaid, although the name of such reference,
person has not been entered in the book of reference
through error or any other cause, or although some other

person is erroneously mentioned as the owner of or en-
titled to convey, or is interested in such lands.

(15) A map and profile of the completed railway and of J£^aey to be
the land taken or obtained for the use thereof, shall, with- ^ ^j^f
in a reasonable time after completion of the undertaking, Board.

be made and filed in the office of the Board and like maps
of the parts thereof located in different counties shall be
filed in the registry offices for the registry divisions in.
which such parts are respectively situate.

TAKING OF LANDS WITHOUT THE CONSENT OP THE OWNERS.

60. The lands which may be taken without the consent E^*eSt of 1*nd

, J which may be

of the owner : — taken.

For the right of way shall not exceed one hundred feet in For right-of-
breadth except in places where the rail level is or is pro- way'
posed to be, more than five feet above or below the surface
of the adjacent lands, when such additional .width may
be taken as shall suffice to accommodate the slope and side
ditches ;

For stations, depots and yards, with the freight sheds, Forstations,
warehouses, wharves, elevators and other structures for the etc-
accommodation of traffic incidental thereto, shall not ex-
ceed one mile in length by five hundred feet in breadth,
including the width of the right of way.

61. — (1) All corporations and persons whatever, tenants corporation,
in tail or for life, guardians, executors, administrators, vlyiS'ds.COtt"
and all other trustees whatsoever, not only for and on

behalf of themselves, their heirs and successors, but also
for and on behalf of those whom they represent, whether
infants, issue unborn, lunatics, idiots, femes covert, or
other persons, seised, possessed of or interested in any
lands, may contract for, sell and convey unto the com-
pany all or any part thereof.

(2) The powers by the preceding sub-section con- Limitation of
f erred upon rectors in possession of glebe lands, ecclesias- certain ^ases. 1
tical and other corporations, trustees of land for church
and school purposes or either, shall only extend and be exer-
cised

232

Chap. 30.

RAILWAYS.

6 Edw. VII

Effect of sale
under preced-
ing section.

Disposition of

purchase

money.

Bffect of con-
tracts made
before deposit
of map.

cised with respect to any of such lands actually required for
the use and occupation of the company.

62. Any contract, agreement, sale, conveyance and
assurance made under the preceding section shall be valid
and effectual in law to all intents and purposes whatso-
ever, and shall vest in the company receiving the same,
the fee simple in the lands in such deed described, freed
and discharged from all trusts, restrictions and limita-
tions whatsoever, and the corporation or person so convey-
ing, is hereby indemnified for what it or he respectively
does by virtue of or in pursuance of this Act.

63. The company shall not be responsible for the dis-
position of any purchase money for lands taken by it for
its purposes, if paid to the owner of the land or into Court.

64. Any contract or agreement for the sale to the com-
pany of any lands made by any person authorized by this
Act to convey lands, and made before the deposit of the
map or plan and book of reference, and before the setting
out and ascertaining of the lands required for the railway,
shall if duly registered in the proper Registry Office be
binding upon subsequent purchasers of such lands at the
price agreed upon for the same lands, if they are afterwards
so set out and ascertained within one year from the date of
the contract or agreement, and although snch land may,
in the meantime have become the property of a third party;
and possession of the land may be taken, and the agreement
and price may be dealt with, as if such price had been fixed
by an award of arbitrators as hereinafter provided, and
the agreement shall be in the place of an award.

65. All corporations or persons who cannot in common
course of law sell or alienate any lands so set out and as-
certained, shall agree upon a fixed annual rent as an
equivalent, and not upon a principal sum, to be paid for
the lands; and if the amount of the rent is not fixed by
voluntary agreement or compromise, it shall be fixed and
all proceedings shall be regulated in the manner herein
prescribed; and for the payment of the said annual rent,
and every other annual rent agreed upon or ascertained,
and to be paid for the purchase of any lands, or for any
part of the purchase money of any lands, which the ven-
dor agrees to leave unpaid, the railway and the tolls there-
on shall be liable and chargeable in preference to all other
claims and demands thereon whatsoever, the deed creating
such charge and liability being duly registered in the
registry office of the proper registration district.

After one 66. After ten days from the deposit of the map or

o^0dneposit0ofCe plan an(^ book of reference, and from notice thereof in

Corporations
or persons,
who cannot
sell, may
agree upon a
fixed rent.

1906.

RAILWAYS.

Chap. 30

233

at least one newspaper, if there is any, published in each pi^tfon \oP
of the counties through which the railway is in- Pwner of
tended to pass, application may be made to the owners
of lands which may suffer damage from the tak-
ing of materials or the exercise of any of the powers
granted for the railway, and thereupon, agreements and
contracts may be made with such owners touching the
said lands, or the compensation to be paid for the same,
or for the damages, or as to the mode in which such com- v
pensation shall be ascertained, as may seem expedient to
both parties, and in case of disagreement between them
shall be settled as in section 68 mentioned.

67. The deposit of a map or plan and book of reference, Deposit, etc ,
and the notice of the deposit, shall be deemed a general Jf0Heefeneral
notice to all such persons as aforesaid of the lands which

will be required for the railway and works.

68. — (1) A notice shall be served upon the owner which Notice to op-

Shall Contain:— posite party.

(a) A description of the lands to be taken, or of the
powers intended to be exercised with regard to
any lands (describing them) :

(6) A declaration of readiness to pay some certain sum
or rent, as the case may be, as compensation
for such lands or for such damages ; and

(2) The notice shall be accompanied by the certificate of Certificate of
an Ontario Land Surveyor, disinterested in the matter ace^ripany
and not being the arbitrator named in the notice to the notice-
following effect: —

(a) That the land (if the notice relates to the taking

of land,) shewn on the map or plan, is required
for the railway, (or is within the limits of
deviation by this Act allowed ;)

(b) That he knows the land, or the amount of damage

likely to arise from the exercise of the powers;
and

(o) That the sum so offered is, in his opinion, a fair
compensation for the land, and for the dam-
ages as aforesaid. *

(3) If the owner is absent from the district or county in If tne Party >s
which the lands lie, or is unknown, then upon application tokno"1
a Judge of the County Court of the County in which the
lands lie, accompanied by such certificate as aforesaid, and
hy an affidavit of some officer of the company that such
owner is so absent, or that, after diligent inquiry, the owner

cnown .

234

Chap. 30.

RAILWAYS.

6 Edw. VII

Provision
when the
County Judge
is interested
in lands re-
quired for any
railway.

Party not ac-
cepting the
company's
offer, and not
appointing an
arbitrator.

Appointment
of arbitrator
by opposite
party.
Third,
arbitrator.

Party other
than company
commencing
proceedings
to determine
compensation.

Stating
amount found
payable in
award.

Duties of
arbitrators.

on whom the notice ought to be served cannot be ascer-
tained, the Judge shall order a notice as aforesaid, but
without such certificate, to be inserted three times in the
course of one month in some newspaper published in the
said .county.

(4) Where a Judge of a County Court is interested in
lands taken or required within the county in which he is a
Judge, by any company, for railway purposes, a Judge of
the High Court shall, on application of the company, exer-
cise in such case all the powers given to a J udge of a County
Court by the provisions of this section in cases in which such
Judge of a County Court is not interested.

(5) If within ten days after the service of the notice, or
within one month after the first publication thereof as
aforesaid, the person served does not notify the com-
pany of his acceptance of the sum offered by it, or notify
it of the name of a person whom he appoints as arbitra-
tor, the Judge shall, on the application of the company,
appoint an Ontario Land Surveyor, to be sole arbitrator for
determining the compensation to be paid as aforesaid.

(6) If the opposite party within the time aforesaid,
notifies the company of the name of his arbitrator, the two
arbitrators shall jointly appoint a third, or if they cannot
agree upon a third, the Judge shall, on the application of
the party or of the company (previous notice of at least one
clear day having been given to the other party), appoint a
third arbitrator.

(7) If lands have been entered on and taken by the com-
pany with or without the license of the person in posses-
sion thereof and without any agreement as to the com-
pensation to be paid therefor or if the lands, though not
taken, are injuriously affected by or through the construc-
tion of the railway, any owner or person interested in
such lands shall have the right to commence proceedings
to ascertain the compensation to which he is entitled in
respect of the lands so taken or injuriously affected, by
giving to the company notice in writing of the name of
a person to be appointed as his arbitrator, the description
of the lands taken or injuriously affected, and the amount
of compensation or damages claimed by him, and there-
upon like proceedings shall be taken to ascertain such
compensation as are prescribed in cases where the company
commences proceedings.

(8) The arbitrators, besides awarding to the owner the
amount which they find to be the value of the land, shall
state what they find to be the total amount to be paid to
compensate the owner or for damages.

(9) The arbitrators, or any two of them, or the sole
arbitrator, being sworn before a Justice of the Peace
or commissioner empowered to take affidavits, faith-
fully

1906.

RAILWAYS.

Chap. 30 235

fully and impartially to perform the duties of their office,
shall proceed to ascertain the compensation in such a way
as they or he, or a majority of them, deem best; but no
award shall be made or any official act be done by the
majority, except at a meeting held at a time and place of
which the other arbitrator has had at least one clear day's
notice, or to which some meeting at which the third arbi-
trator was present, had been adjourned; and no notice
to either of the parties shall be necessary, but each party *
shall be held sufficiently notified through the arbitrator
appointed by him, or whose appointment he required.

(10) In any arbitration under this Act the costs of the costs, in
arbitration shall be in the discretion of the arbitrator or arbitrators0*
arbitrators and if they are to be borne by the opposite

party to the company may be deducted from the compen-
sation awarded, and in any case they may if not agreed
upon be fixed by the arbitrator or arbitrators or taxed
by one of the taxing officers of the Supreme Court of Judi-
cature.

(11) The arbitrators, or a majority of them, or the sole Arbitrators
arbitrator, may examine on oath or solemn affirmation on oath,
the parties, or such witnesses as appear before him or them,

and may administer such oath or affirmation.

(12) Any party to an arbitration under this Act may, ^"rations
without leave or order, obtain and issue out of the High may obtain
Court, upon praecipe, setting forth the names of the wit- subpoenas-
nesses to be subpoenaed, the names of the arbitrators, and

the place and time of meeting, a subpoena commanding
the attendance for examination of any witness, and also
the production of any document to or before the arbitra-
tor or arbitrators, and at the time and place mentioned in
such subpoena ; and the disobedience of such subpoena shall Disobedience
be deemed a contempt of court, and shall be punishable contempt of
in the same manner and to the like extent as in the case Court-
of subpoenas issued in a civil case.

(13) The like fees shall be payable for such subpoenas Fees and con-
as in the case of subpoenas issued in civil cases, and the duct money-
witnesses shall be entitled to the like conduct money.

(14) The evidence shall be taken down in writing, and ^idence to be
after making their award the arbitrators shall forthwith de- writing,
liver or transmit by registered letter, at the request of either

party in writing the depositions, together with the exhibits transmuted to
referred to therein, and all papers connected with the refer- central office,
ence, except the award, to the central office of the High
Court of Justice with the proper stamps (which shall be fur-
nished by the party making the request) to be filed with
the Records of the Court.

(15) The Judge by whom a third arbitrator or sole arbi- ^^wird
trator is appointed, shall, at the same time, fix a day on must be made,
or before which the award shall be made.

(16)

236

Chap. 30.

RAILWAYS.

6 Edw. VII

Arbitrator
dying, etc.

When proceed
ings may be
abandoned.

Awards not
voided for
want of form.

Parties to ar-
bitration may
appeal to a
Judge of the
High Court.

Practice and
proceedings
upon appeal.

Kxisting prac-
tice as to set-
ting aside
awards con-
tinued.

Possession
may be taken
on payment or
tender, etc., of
sum awarded.

(16) If the arbitrator appointed by the Judge, or if any
arbitrator appointed by the parties, dies before the awaid
has been made, or is disqualified, or refuses or fails to act
within a reasonable time, or refuses or neglects to make
his award within the time fixed, then, in the case of the
arbitrator appointed by the Judge, upon the application of
either party, such Judge being satisfied by affidavit or
otherwise of such death, disqualification, refusal or
failure, may appoint another arbitrator in his place, and
the company and party respectively may each appoint an
arbitrator in the place of his arbitrator deceased or not
acting as aforesaid, but no recommencement or repetition
of prior proceedings shall be required in any case, pro-
vided that the proceedings may be commenced de novo if
the majority of the arbitrators so order.

(17) Any notice given or proceedings commenced may
prior to the making of the award be abandoned and new
notice given, with regard to the same or other lands, io
the same or any other party, but in such case, the lia-
bility to the party first notified for all damages or costs by
him incurred in consequence of the giving of the first
notice shall continue ; provided, however, that the right
to abandon proceedings shall not be exercised more than
once.

(18) No award made as aforesaid shall be invalidated by
reason of any want of form or other technical objection,
if the requirements of this Act have been complied with,
and if the award states clearly the sum awarded, and the
lands or other property, right or thing for which such
sum is to be the compensation ; nor shall it be necessary
that the person or persons, to whom the sum is to be paid,
be named in the award.

(19) Any party to the arbitration may, within one
month, after receiving a written notice from one of the
arbitrators of the making of the award, appeal therefrom
upon any question of law or fact to a Judge of the High
Court and upon the hearing of the appeal the Judge shall,
if the same is a question of fact, decide the same upon
the evidence, as in a case of original jurisdiction.

(20) Upon such appeal the practice and proceedings shall
be, as nearly as may be, the same as upon an appeal from
an Official Referee under The Arbitration Act, subject to
any General Rules or Orders to be from time to time
made under The Judicature Act.

(21) The right of appeal hereby given shall not affect
(lie existing law or practice as to setting aside awards.

(22) Upon payment or legal tender of the compensation
or annual rent so awarded or agreed upon as aforesaid to
the person entitled to receive the same, or upon the deposit
of the amount of such compensation in the manner here-
inafter mentioned, the award or agreement shall vest in

thn

190(5.

RAILWAYS.

Chap. 30

237

the company the power forthwith to take possession of the
lands, or to exercise the right, or to do the thing for which
such compensation or annual rent has been awarded or
agreed upon ; and if any resistance or forcible opposition
is made by any person to their so doing, the Judge of the
county in which the lands lie, or any Judge of the High
Court of Justice may, on proof to his satisfaction of such v
award or agreement, issue his warrant to the sheriff of the
district or county, as he may deem most suitable, to put the
company in possession, and to put down such resistance or
opposition, which the sheriff, taking with him sufficient
assistance, shall accordingly do.

(23) The warrant may also be granted by such Judge when warrant

. , , - J /*»!''• i * P of possession

without the award or agreement, on athdavit to his satis- may issue
faction that the immediate possession of the lands or of bef ore award ■
the power to do the thing mentioned in the notice, is ne-
cessary to carry on some part of the railway with which
the company is ready forthwith to proceed.

(24J The -Judge shall not grant any warrant under the procedure
next preceding subsection, unless ten days' previous notice tionnfOTsucCh"
of the time and place when and where the application forwarrant-
such warrant is to be marie has been served upon the owner
of the land or the person empowered to convey the land
or interested in the land sought to be taken, or which
may suffer damage from the taken ot' materials sought
to be taken, or the exercise of the powers sought to be ex-
ercised, or the doing of the thing sought to be done, by
the company; and unless the company gives security to
his satisfaction by payment into court of a sum in his esti-
mation sufficient to cover the probable compensation and Deposit of
costs of the arbitration, and not less than double the amount compensatlon'
mentioned in the notice served under subsection (1) of
this section.

(25) The costs of any such application to, and of any costs of
such hearing before, the judge, shall be in the discretion apphcatIon'
of the Judge, and no part of such deposit or of any inter-
est thereon shall be repaid, or paid to such compauy, or paid

to such owner or party, without an order from the judge,
which he may make in accordance with the terms of . the
award

(26) The compensation for any lands which may be when com-
taken without the consent of the owner shall stand in stand in the
the stead of such lands; and any claim to or incumbrance ,p^eof the
upon the said lands, or any portion thereof, shall, as
against the company, be converted into a claim to the com-
pensation, or to a like proportion thereof and it shall

be responsible accordingly whenever it has paid the
compensation, or any part thereof, to a party not entitled
to receive the same, s iving always its recourse against such
party.

(27)

238 Chap. 30.

RAILWAYS.

6 E.lvv. VII

Astoincum- (27) If the company lias reason to fear any claim or
uponTanls^'' incumbrance, or if any person to whom compensation or
orCt'akenChased annua^ rent> or ariy Part thereof is payable, refuses to
execute the proper conveyance and guarantee, or if the per-
son entitled to claim the same cannot be found, or is un-
known to the company, or if for any other reason the com-
pany deems it advisable, the company may, by leave of a
Judge of the High Court of Justice, pay the compensation
into the office of the Accountant of the Supreme Court of
Judicature, together with interest i hereon for six months,
and with such further sum if such Judge so directs as
may, in the opinion of such Judge, be sufficient to cover
the expenses of advertising and the costs that may be
incurred in consequence of such payment into Court, and
may deliver to the said Accountant an authentic copy of
the conveyance, or ot the award or agreement if there be
no conveyance, and such award or agieement shall there-
after be deemed to be the title of the company to the land
therein mentioned.

to be'pub-106 (28) A notice, in such form and for such time as a Judge
hshed. Q£ j.Re High Court may order shall be inserted in some

newspaper if there is any published in the county in which
the lands are situated, which shall state that the title of the
company, that is, the conveyance, agreement or award,
is under this Act, and shall call upon all persons entitled
to the land, or to any part thereof, or representing any
persons so entitled, to file their claims to the compensation
or any part thereof, and all such claims shall be received
and adjudicated upon by the Court, and the said proceed-
ings shall forever bar all claims to the lands, or any part
thereof, including dower, as well as all mortgages and en-
cumbrances upon the same ; and the Court shall make such
order for the distribution, payment or investment of the
compensation, and for the securing of the rights of all
parties interested as may be proper.

Bywhomcosts (29) The costs of such proceedings shall be raid bv such

to be paid. r\ l

party as the Oourt may order,
when interest (30) If such order of distribution as aforesaid is ob-

to be returned

to or paid by tained in less than six months from the payment of the
t. if company. compensafcion }nt0 Court, the Court shall direct a propor-
tionate part of the interest to be returned to the company ;
and if from any error, fault or neglect of the company,
is not obtained until after the six months have expired,
the Court shall order the company to pay to the proper1
claimants the interest for such further period as may be
right.

Gravel Pits, etc.

Acquiring 69. — (1) When stone, gravel, earth, sand or water is or

contraction are required for the construction or maintenance of the
railway or any part thereof, the company may in case it

cannot

1906.

RAILWAYS.

Chap. 30 239

cannot agree with the owner of the lands on which the
same are situate for the purchase thereof, cause an Ontario
land surveyor to make a map and description of the pro-
perty so required, and it shall serve a copy thereof,
with its notice of arbitration, as in case of acquiring
the roadway, and the notice of arbitration, the award and
the tender of compensation shall have the same effect as
in case of arbitration for the roadway, and all the provi- v
sions of this Act, as to the service of the said notice, ar-
bitration, compensation, deeds, payment of money into
court, the right to sell, the right to convey, and the parties
from whom the land may be taken, or who may sell, shall
apply to the subject matter of this section, as. to the ob-
taining materials as aforesaid, and such proceedings may
be had by the company either for the right to the fee
simple in the land from which said materials shall be
taken, or for the right to take materials for any time it
shall think necessary, the notice of arbitration, in case
arbitration is resorted to, to state the interest required.

(2) When said gravel, stone, earth, sand or water siding to
shall be taken under the preceding subsection of this section Kravel pit-
at a distance from the line of the railway the company may
lay down the necessary sidings and tracks over any
lands which may intervene between the railway and the
lands on which said materials shall be found, whatever
the distance may be; and all the provisions of this Act,
except such as relate to filing plans and publication of
notice, shall apply and may be used and exercised to ob-
tain the right of way from the railway to the land on
which such materials are situated, and such right may be
so acquired for a term of vears or permanently as the com-
pany may think proper, and the powers in this and the
preceding section may at all times be exercised and used
in all respects after the railway is constructed for the
purpose of repairing and maintaining the said railway.

Switches and Sidings to Industries.

70. — (1) In case the council of a municipality by by-law Expropriation
declares that it is desirable and expedient that an elevator $munici-nt
or manufactory or other industry or business should have Paljty ln

.,. A , . -1 j. j.i • « i certain eases.

a siding or switch from any railway to the premises of such
elevator, manufactory, industry or business, and that
the company should have powers of expropriation
for the purpose of securing, within the limits of
the municipality, the necessary right of way for
that purpose as set forth in the by-law, and if
the Board certifies that the building of the proposed siding
or switch across the lands as set forth in the by-law will
be for the advantage or convenience of the public, the
company, upon the registration by the council of the by-
law and certificate in the proper Registry Office, shall in

respect

240 Chap. 30.

RAILWAYS.

6 Edw. VII

Proviso.

Tracks, etc.,
not to be used
for other
purposes.

respect of the said lands, possess the powers of expropria-
tion conferred by this Act. Provided, however, that no
such by-law shall be passed by the council of any munici-
pality until all owners of lands, across which the proposed
siding or switch is to run, have had at least one week's
previous notice in writing of the time when such by-law
is to be considered by the said council.

(2) The tracks of the sidings or switches constructed or
laid by the company under this section shall not be
used for any purpose other than for the purposes
mentioned, except by leave of the Board and subject to
such terms and conditions as the Board sees fit to impose.

When com-
pany may
purchase
whole of any
lot of land
traversed.

Purchase of More Land than Necessary .

71. Whenever the company can purchase a larger quan-
tity of land from any particular owner at a more reasonable
price, on the average, or on more advantageous terms, than
it could obtain the portion thereof which it may take from
him without his consent, it may purchase such larger
quantity, and upon such purchase may sell and dispose of
any part thereof which may be unnecessary for the under-
taking.

Snow Fences, Etc.

72. Every company may, on and after the first day of
November, in each year, enter into and upon any lands
of His Majesty, or of any person, lying along the route
or line of the railway, and may erect and maintain snow
fences thereon, subject to the payment of such damages, if
any, as are thereafter established, in the manner provided
by this Act, to have been actually suffered ; but every snow
fence so erected shall be removed on or before the first day
of April then next following.

Use of Adjacent Lands During Construction.

use of lands 73. The company, either for the purpose of construct-
or way'dudng1 in& or repairing its railway or for the purpose of carrying
construction out the requirements of the Board, or in the exercise of
railway. the powers conferred upon it by the Board, may enter
upon any land which is not more than six hundred feet
distant from the centre of the located line of the railway,
and may occupy the said land as long as is necessary for
the purposes aforesaid; and all the provisions of law at
any time applicable to the taking of land by the company,
and its valuation, and the compensation therefor, shall
apply to the case of any land so required; but before
entering upon any land for the purposes aforesaid, the
company shall, in case the consent of the owner is not ob-
tain oil.

Erection of
8nowLfences.

Compensa-
ton.

Removal.

1906.

RAILWAYS.

Chap. 30 241

tained, pay into Court, such sum, with interest thereon Deposit where
for six months, as is, after two clear days' notice to the °w°?^dot*
owner of the land, or to the person empowered to convey 0 me
the same, or interested therein, fixed by a judge of the
High Court. Such deposit shall be retained to answer any*
compensation which may be awarded the person entitled
thereto, and may upon order of a judge of such court, be
paid out to such person in satisfaction pro tanto of such ££™pensa~
award; the surplus, if any, thereafter remaining shall by v
order of the judge, be repaid to the company, and any
deficiency therein to satisfy such award shall be forth-
with paid by the company to the person entitled to com-
pensation under such award.

Proceedings where more ample space is required.

74. — (1) Should the company require, at any point on where more
the railway, more ample space than it then possesses or remuired.ace'
may take under this Act, for the convenient accommoda-
tion of the public, or the traffic on its railway, or for pro-
tection against snowdrifts, it may apply to the Board for
authority to take the same, for such purposes, without the
consent of the owner.

(2) The company shall give ten day's notice of such ap- Procedure
plication to the owner or possessor of such lands, and shall thereon-
furnish copies of such notices, with affidavits of the ser- Notice,
vice thereof, to the Board upon such application.

(3) The company, upon such application, shall also fur- ^^must
nish to the Board, in duplicate, — include.

(a) A plan, profile and book of reference of the portion of
the railway affected, showing the additional lands requir-
ed, and certified as provided in section 59 of this Act.

(b) An application, in writing, for authority to take such
lands, certified and signed by any of the officers mentioned
in subsection 9 of section 59 of this Act, referring to the
plan, profile and book of reference, specifying definitely
and in detail the purposes for which each portion of the
lands are required, and the necessity for the same, and
showing that no other land suitable for such purposes can
be acquired at such place on reasonable terms and with less
injury to private rights.

(4) After the time stated in the aforementioned notices, Authority
and the hearing of such parties interested as may appear, from Board-
the Board may, in its discretion, and upon such terms and
conditions as the Board deems expedient, authorize in
writing the taking, for the said purposes, of the whole or

any portion of the lands applied for. Such authority
shall be executed in duplicate, one to be filed with the qH^1 with
plan, profile, book of reference, application and notices
16 s. with

242

Chap. 30.

RAILWAYS.

6 Edw. VII

Deposit with
registrar of
deeds.

Sections of
Act to apply

Exceptions.

with the Board, and the other, with the duplicate plan,
profile, book of reference and application, to be delivered
to the company.

(5) Such duplicate authority, plan, profile, book of re-
ference and application, or copies thereof certified as such
by the Secretary shall be deposited with the registrars of
deeds of the districts or counties, respectively, in which
such lands are situate.

(6) All the provisions of this Act applicable to the taking
of lands for the right of way, or main line, of the railway
without the consent of the owner of such lands, shall ap-
ply to the lands authorized to be taken under this section.

CONSTRUCTION OF THE RAILWAY.

Gauge.

75. The tracks of every railway and street railway, the
construction of which railway or street railway shall be
commenced after the coming into force of this Act, shall
be of the standard gauge of four feet eight and one-half
inches, unless the Board upon the application of tne
railway or street railway company about to commence con-
struction as aforesaid shall otherwise order.

Trains, Cars and Appliances.

Communica-
tion with
engine driver.

Brakes.

On trains
carrying
passengers
the brakes
must—

Be( continuous
and instan-
taneous.

Be self-apply-
ing in case of
accident.

Couplers.

76. — (1) In all trains there shall be an apparatus or
appliance to provide immediate communication between
the conductor while in any car of any passenger train,
and the engine driver or motor man.

(2) All brakes shall be of such design and construction
as to check at will the speed of the train, and bring the
same safely to a standstill, as expeditiously as possible,
and on all the trains carrying passengers the system of
brakes shall comply with the following requirements : —

(a) The brakes shall be continuous and must be in-
stantaneous in action, and capable of being applied at
will by the motor man, engine driver, conductor or brake-
man ;

(b) The brake must be self-applying in the event of
any failure in the continuity of its action ;

(3) All couplers shall be such as to securely couple and
connect the cars composing the train, and to attach the
engine or locomotive to such train, automatically by im-
pact, and which can be uncoupled without the necessity
of men going in between the ends of the cars;

I6as. (4)

190G.

If All. WAYS .

Chap. 30

243

(4) All box freight cars of the company built after the^^|ht
passing of this Act, shall be equipped with the following f;ir^Ie^defcith
attachments for the security of railway employees : —

(a) Outside ladders, on two of the diagonally opposite
ends and sides of each car, projecting below the frame of
the car, with one step or rung of the ladder below the
frame, the ladders being placed close to the ends and sides
to which they are attached ;

(b) Hand grips placed anglewise over the ladders of
each box car and so arranged as to assist persons in climb-
ing on the roof by means of the ladder.

(5) All cars built prior to the passing of this Act shall ^ulp^aVith
be fitted with such attachments before the first day of J an- side attach-
uary, 1907, provided that, if there is at any time any 1907! s e°
other improved side attachment which, in the opinion of

the Board, is better calculated to promote the safety of the
train hands, then the Board may require any of such cars
not already fitted with the side attachments first men- ■
tioned, to be fitted with the said improved attachment.

(6) Every company shall adopt and use upon all its roll- ^rea'whbars
ing stock such height of draw-bars as the Board determines

in accordance with any standard from time to time adopt-
ed by competent railway authorities.

(7) Every passenger, baggage, mail and express car, safeguards '-■

l • l • j i 1 i "i ■ ji • against fire in I

wlncn is owned or regularly used on any railway m this cars.
Province, in which heating apparatus may be placed, shall
be provided with such safeguards against fire as the board
in writing shall from time to time approve.

(8) Every company shall provide and cause to be used Train

on all trains such modern and efficient locomotives, motors, be provided
cars and carriages, apparatus, appliances and means as may
be required or ordered by the Board, and the company shall
alter such locomotives, motors, cars and carriages, appara-
tus, appliances and means or renew the same from time to
time as the Board may order.

(9) Every company which fails to comply with any of the penalty for
provisions of this section, shall forfeit to His Majesty, a p^nc0™"
sum not exceeding two hundred dollars, for every day
during which such default continues, and shall, as well,
be liable to pay to all such persons as are injured by rea-
son of the non-compliance with these provisions, or to
their representatives, such damages as they are legally Dama^es
entitled to, notwithstanding any agreement to the con_ Agreements to
trary with regard to any such person : Provided however contrary
that no proceedings shall be instituted to enforce or re- mva 1
cover any forfeiture to His Majesty hereunder without proseraUon.
the consent of the Board first obtained.

244

Chap. 30.

RAILWAYS.

6 Edw. VII

to°ha™e°bens 77. Every locomotive, engine and electric locomotive
or whistles. shall be furnished with a bell of at least thirty pounds
weight or with a steam or air whistle.

whistles"*1 ^veiT car which contains a motor or which runs at

the head of a train shall be furnished with a gong, to be
approved by regulation of the Board, or with an air whistle.

Protection of
conductors and

79. — (1) All cars in use for the transportation of pas-
motormen. sengers in November, December, January, February, March
and April in each year, which, while in motion, require the
constant care or service of a motorman upon the platforms
of the car or upon one of them, shall have their platforms
so enclosed as to protect the motormen from exposure to
wind and weather in such manned as the Board shall ap-
prove.

(2) All companies operating their cars without rear end

vestibules shall allow the conductors employed on such
cars to stand inside the cars so far as is consistent with
the proper, performance of their duties during the said
period.

(3) Every motor car built after the passing of this Act
designed for carrying passengers upon a railway operated
by electricity shall be so constructed that the motorman
having the control of the motive power shall be stationed

in a compartment into which no person shall be admitted
save the officers or employees of the company on duty, and
no person other than such officers or employees shall be per-
mitted to occupy any portion of such compartment or vesti-
bule.

(4) Any company offendino: against the provisions of
this section shall be liable to a penalty of one hundred dol-
lars for each offence and any person offending against the
provisions of this section is liable on summary conviction to
a fine of not less than two dollars nor more than fifty dollars
or imprisonment for not more than one month with or with-
out hard labour or both.

(5) This section shall only apply to railways operated by
electricity, and street railways.

Power to

80. The Board may by order applicable either generally
mentsyofreqUir or *n one °* more particular cases, alter or modify, any of
sections 76-79. the requirements of sections 76 to 79 hereof.

stopping 81. Railways operated by electricity shall stop at such

places. places in addition to those fixed by the by-laws or regu-

lations of the company as the Board may from time to time
by resolution direct and order.

82.

1906.

RAILWAYS.

Chap. 30

24.')

82. — (1) Open or summer cars, constructed after the
first day of January, 1907, for use upon a railway oper-
ated by electricity or upon a street railway snail be so
arranged or constructed that the seats for passengers will
face the front of the car when in motion, and an a^sle suf-
ficiently wide to allow the passage of the conductor shall be
provided in every such car.

(2) The side steps on such cars shall be so constructed, if side»?tePs
practicable, that passengers will be prevented from stand-
ing upon the same while the car is in motion.

(3) This section shall apply only to railways and street £pp^'
railways not yet constructed and to railways and street
railways already constructed where the space between the
tracks commonly called the devil strip is, in the opinion
of the Board, sufficiently wide to allow the cars to be con-
structed as provided in subsection 1 of this section.

(4) In all cases of dispute between a railway or street ^f"<jebyt0 be
railway company and a municipal corporation or any Board,
person making complaint to the Board as to sufficiency of

width, practicability of construction of cars or as to any
other matter or thing referred to in this section, the Board
shall be the final judge, and any order made by the Board
as to any such matter shall be carried out and fulfilled by
the company and the municipal corporation or either or
both of them according to the terms of such order.

(5) No passenger shall stand upon the side steps of any Passengers not

« j *i 1 1 fi i * ii • i ii to stQ.iid on siiie

car for a greater length of time than is necessary to enable steps,
him to enter or leave the same, and any person offending
against the provisions of this subsection shall incur a penalty
of not less than |2 or more than flO besides costs to
be recovered on summary conviction.

THE ROAD BED AND ADJACENT LANDS.

Frogs, Packing, etc.

83. — (1) In this section the expression "packing" means interpretation,
a packing of wood or metal, or some equally substantial
and solid material, of not less than two inches in thickness, ' Pac ing'
and which, where by this section any space is required
to be filled in, shall extend to within one and a half inches
of the crown of the rails in use on any such railway, shall
be neatlv fitted so as to come against the web of such rails,
and shall be well and solidly fastened to the ties on which
such rails are laid.

(2)

246 Chap. 30. railways. 6 Edw. VII

Packing of
frogs, etc.

Packing of
wing-rails, etc

Exception in

after cases .

(2) The spaces behind and in front of every railway frog

or crossing, and between the fixed rails of every switch
where such spaces are less than four inches in width, shall
be filled with packing up to the under side of the head
of the rail.

(3) The spaces between any wing rail and any railway

frog, and between any guard rail and the track rail along-
side of it, shall be filled with packing at their splayed ends,
so that the whole splay shall be so filled where the width
of the space between the rails is less than four inches ;
such packing not to reach higher than to the under side
of the head of the rail; provided however, that the Board
may allow the filling and packing mentioned in this sec-
tion to be left out, from the month of December to the
month of April in each year, both months included, or be-
tween any such dates as the Board by regulation, or in any
particular case, determines.

Oil cups.

(4) The oil cups or other appliances, used for oiling the
valves of every locomotive in use upon any steam railway
shall be such that no employee shall be required to go out-
side the cab of the locomotive, while the same is in motion,
for the purpose of oiling such valves.

Drainage.

Drainage by
company .

Necessary
drainage may
b» ordered by

ird

84. — (1) The company shall in constructing the railway
make and maintain suitable ditches and drains along each
side of, and across and under the railway, to connect with
ditches, drains, drainage works and watercourses upon the
lands through which the railway runs, so as to afford suffi-
cient outlet to drain and carry off the water, and so that
the then natural, artificial, or existing drainage of the
said lands shall not be obstructed or impeded by the rail-
way.

(2) Whenever any lands are injuriously affected by rea-
son of the drainage upon, along, across, or under the rail-
way being insufficient to drain and carry off the water
from such lands, or whenever any municipality or land-
owner desires to obtain means of drainage, or the right to
lay water pipes or other pipes, temporarily or permanent-
ly, through, along, upon, across or under the railway or
any works or lands of the company, the Board may, upon
the application or complaint of the municipality or land-
owner, order the company to construct such drainage or
lay such pipes, and may require the applicant to submit
to the Board a plan and profile of the portion of the rail-
way to be affected, or may direct an inspecting engineer,
or such other person as it deems advisable to appoint, to

inspect

1906.

KAIL WAYS.

Chap. 30 247

inspect the locality in question and, if expedient, there
hold an inquiry as to the necessity or requirements for
such drainage or pipes, and to make a full report thereon
to the Board ; the Board may upon such report, or in its
discretion, order how, where, when, by whom, and upon
what terms and conditions, such drainage may be effected,
or pipes laid, constructed and maintained, having due
regard to all proper interests.

85. — (1) Whenever by virtue of any Act of the Province ^eiFn^'unde
of Ontario proceedings may be had or taken by any munici- £™Jincial
pality or landowner for any drainage, or drainage works,
or for the construction, enlargement, improvement or ex-
tension of any ditch or watercourse upon or across the
property of any landowner in the Province, proceedings
may be had or taken under such Act by such municipality
or landowner for the construction, enlargement, improve-
ment or extension of the ditch or watercourse upon and
across the railway and lands of the company, at the option
of such municipality or landowner, in the place of the
proceedings before the Board as in the next preceding sec-
tion provided, and thereupon such Act shall apply to the
lands of the company upon or across which such drainage
or other work is required, to the same extent as to the
lands of any landowner, subject, however, to any previous
order or direction of the Board made or given with res-
pect to drainage of the same lands, and provided that the
company shall have the option of constructing the portion
of any drain or drainage work, or ditch or watercourse,
required to be constructed upon, along, under or across
its railway or lands, and in the event of the company not
exercising such option, and completing such work within
a reasonable time, without any unnecessary delay, such
work may be constructed or completed in the same manner
as any other portions of such work are to be constructed
under the provisions of such Act; provided always that
no drainage works or ditch or watercourse shall be con- Board™ °f
structed or reconstructed upon, along, under or across the
railway or lands of the company until the character of
such works or the specifications or plans thereof have been
first submitted to and approved of by the Board.

(2) The proportion of the cost of the drain or drainage cost of work,
works, or of such ditch or watercourse, across or upon the
railway to be borne by the company shall in all such cases
be based upon the increase of cost of such work caused by
the construction and operation of the railway.

Farm Crossings .

86. — (1) Every company shall make crossings for persons Farm
across whose lands the railway is carried, convenient and cross11

proper

248

Chap. 30.

RAILWAYS .

6 Edw. VII

proper for the crossing of the railway for farm purposes.
In crossing with live stock, such live stock shall be in
charge of some competent person, who shall use all rea-
sonable care and precaution to avoid accidents.

Sngsmay ^ The Board may> uPon the application of any land-

be ordered owner, order the company to provide and construct a suit-
able farm crossing across the railway, wherever in any case
the Board deems it necessary for the proper enjoyment
of his land, on either side of the railway, and safe in the
public interest; and may order and direct how, when,
where, by whom, and upon what terms and conditions,
such farm crossing shall be constructed and maintained.

Fences, Gates and Cattle- guards.

Fences, etc., 87. — (1) The company shall erect and maintain upon
tobekeptup. ^e Ta[\waj} fences, gates and cattleguards, as follows: —

Fences to be (a) On each side of all that portion of the railway
eachsfdenof which is not passing along or across a public highway
railway. fences shall be erected and maintained of the beight and
strength of an ordinary division fence.

Gates. (b) Swing gates in such fences, of the height of the

fence, with proper hinges and fastenings, at farm cross-
ings ; provided that sliding or hurdle gates, constructed
prior to the passing of this Act, may be maintained.

Cattle-guards. (c) Cattle-guards, on each side of the highway, at every
highway crossing at rail-level by the railway. The rail-
way fences at every such crossing shall be turned into the
respective cattle-guards on each side of the highway. This
provision shall not apply where a railway is being operated
along a public highway.

to be suitable. (2) Such fences, gates and cattle-guards shall be suitable
and sufficient to prevent cattle, horses and other animals
from getting on the railway.

(3) Until such fences, gates and cattle guards are duly
made, the company shall be liable for all damages which
may be done by their motors, cars, carriages or trains to
cattle, horses or other animals on that part of the railway
hereby required to be fenced.

(4) Whenever the railway nasses through any locality
in which the lands on either side of the railway are not
improved or settled, and enclosed, the company shall not
be required to erect and maintain such fences, gates and
cattle-guards unless the Board otherwise orders or directs.

Liability of
company until
cattle-guards
erected.

If lands are
not settled
and inclosed.

Land owners
must close
gates at farm
crossings.

(5) The persons for whose use farm crossings are fur-
nished shall keep the gates at each side of the railway
closed when not in use; and no person, any of whose cattle

horses

1906.

RAILWAYS.

Chap. 30 249

horses or other animals are killed or injured by any train,
owing to the non-observance of this section, shall have any
right of action against any company in respect to the same
being so killed or injured.

(6) Every person who wilfully leaves any such gate opening gates
open without some person being at or near it to prevent
animals from passing through it on the railway, or who Taking down
takes down any part of a railway fence, or turns anytences'
horses, cattle or other animals, upon or within the inclosure Putting cattle
of such railway, except for the purpose of, and while, on rallway3
taking the same across the railway in the manner pro-
vided by this Act, or who, except as authorized by this Act,
rides, leads or drives any horses, cattle or other animal, or Permitting
suffers amy such horses, cattle or animals to enter upon such o™ ranwaysSet
railway and within the fences and guards, is liable, on sum-
mary conviction, to a penalty of twenty dollars for each of-
fence, and is also liable to the railway company for any penalties for
damage to the property of the company or for which thesodoing-
company may be responsible by reason of such gate being so
left open, or by reason of such fence being so taken down,
or by the turning, riding, leading, driving or suffer-
ing to enter, upon or within the inclosure of such rail-
way in violation of this section of any horse, cattle or other
animals, and no person, any of whose horses, cattle or other
animals are killed or injured by any train owing to the non- no recourse
observance of this section shall have any right of action asainst
against any company in respect to the same being so killed
or injured. Every person violating the provisions of this
section shall in addition to the penalty herein provided be damages.'1
liable to pay any person injured by reason of such violation
all damages sustained thereby.

Bridges, Tunnels and other Structures.

88. — (1) Every bridge, tunnel or other erection or struc- Headway
ture, over, through or under which any railway, now or bridges'and
hereafter, passes, shall be so constructed, and, if need be, tunnels-
re-constructed or altered within such time as the Board
may order, and shall thereafter be so maintained, as to
afford, at all times, an open and clear headway of at least
seven feet between the top of the highest freight car used
on the railway and the lowest beams, members or portions
of that part of such bridge, tunnel, erection or structure,
which is directly over the space liable to be traversed by
such car in passing thereunder; but in no case shall the
space between the rail-level and such beams, members or
portions of any such structure, hereafter constructed, be
less than twenty-two feet six inches, unless by leave of
the Board;

(2) If, in any case, it is necessary to raise, reconstruct B™re™°leie
or alter any bridge, tunnel, erection or structure not owned owners refuse

250

Chap. 30.

KAIL WATS.

6 Edw. VII

to permit by the company, the Board, upon application of the com-
eompiiance. pany and upon notice to all parties interested, or without
any application, mav make such order, allowing or re-
quiring such raising, reconstruction or alteration, upon
such terms and conditions as to the Board shall appear
just and proper and in the public interest.

?^mp™certain (3) The Board may exempt from the operation of t hU
bridges, etc. section any bridge, tunnel, erection or structure, over,
through or under which no trains are run, except trains
operated by electricity and except such as are equipped with
air brakes.

Penalty. (4) Every company or owner shall incur a penalty not

exceeding fifty dollars for each day of wilful neglect,
omission or refusal to obev the provisions of this section.

Proceedings
before con-
struction.

over^feet'' — ^ With respect to all bridges, tunnels, viaducts

long. trestles, or other structures, through, over, or under which

the company's trains are to pass, the span, or proposed
span or spans, or length of which exceeds eighteen feet,
the company shall not commence the construction, or re-
construction, of, or any material alteration in, any such
bridge, tunnel, viaduct, trestle, or other structure, until
leave therefor has been obtained from the Board, unless
such construction, reconstruction, or alteration is made
in accordance with standard specifications and plans ap-
proved by the Board.

(2) Upon any application to the Board for such leave,

the company shall submit to the Board the detail plans,
profiles, drawings and specifications of any such work pro-
posed to be constructed, and such other plans, profiles,
drawings and specifications as the Board may in any case,
or by regulation, require.

Highway Crossings.

hfghway.on . 90.— (1) Subject to the provisions of this Act respect-
consent of ing the operation of railways along highways, the rail-
municipaiity. wav may be carried along or across an existing highway

upon leave therefor having been first obtained from the

Board as hereinafter provided.

(2) No obstruction of such highway with the works shall
be made without turning the highway so as to leave an
open and good passage for carriages, and, on completion
of the works, restoring the highway to as good condition,
as nearly as possible, as it was originally.

(3) Every company which violates the provisions of this
section shall incur a penalty of not less than forty dollars
for each such violation.

No obstruction
permitted.

Restoration of
highway.

Penalty.

i^chttbetween ^7nenever ^h.e railway crosses any highway at rail-

ran and levels, level , whether the level of the highway rpmains undisturbed

1906. railways. Chap. 30 251

or is raised or lowered to conform to the grade of the °ferhtj1^(fy
railway, the top of the rail may, when the works are com-
pleted, rise above or sink below the level of the highway
to the extent of one inch without being deemed an obstruc-
tion, unless otherwise directed by the Board.

92. — (1) Upon any application for leave to construct the Clan of
railway across an existing highway, or to construct a high- highway to be
way across an existing railway, the applicant shall submit s"^muted"

a plan and profile of such crossing, showing the portion
of railway or highway affected, to the Board. The Board
may by order grant such application upon such terms and
conditions as to protection, safety and convenience of the
public, as it may deem expedient, or may order that the
highway be carried over or under the railway, or be tem-
porarily or permanently diverted, and that such works be
executed, watchmen or other persons employed, gates Board in such
erected or measures taken as under the circumstances ap- case"
pear to the Board best adapted to remove or diminish the
danger or obstruction arising or likely to arise therefrom.

(2) The highway at any overhead railway crossing shall Overhead
not at any time be narrowed by means of an abutment or
structure to an extent less than twenty feet, nor shall the
clear headway from the surface of the highway to the
centre of any overhead structure constructed after the
passing of this Act be less than fourteen feet, unless other-
wise directed or permitted by the Board.

93. Where any railway is already constructed across any as to existing
highway, the Board may order the company within a speci- crossings-
fied time to submit to the Board a plan and profile of such
portion of the railway, and may, upon such submission,

make any order in respect thereto that may to the Board
seem proper.

94. Every structure, by which any highway is carried ah structures
over or under any railway, shall be so constructed, and, "nltofcted6'5^
at all times, be so maintained, as to afford safe and ade- ^1ine™ain"
quate facilities for all traffic passing over, under or
through such structure.

95. The inclination of the ascent or descent, as the case inclination of
may be, of any approach by which any highway is carried hlghway-
over or under any railway, or across it at rail level, shall

not be greater than one foot of rise or fall for every twenty
feet of the horizontal length of such approach, unless the
Board directs otherwise ; and a good and sufficient fence
shall be made on each side of such approach, and of the
structure connected with it, which fence shall be at least Fenci
four feet six inches in height from the surface of the approaches,
approach or structure.

96.

252

Chap. 30.

RAILWAYS.

6 Edw. YII

Signboards
at level
crossings .

Penalty.

96. Signboards at least twelve feet in height at every
highway crossed at rail level by any railway, shall be
erected and maintained at each crossing, and shall have
the words "Railway Crossing" painted on each side of the
sign . board, in letters at least six inches in length, and
every company which neglects to comply with the require-
ments of this section shall incur a penalty not exceeding
ten dollars.

Railway may 97. — (1) Where a level crossing on any railway is out
repalranyievei of repair, the warden, mayor, or reeve of the municipality
repaTrng °ut °f W1thin whose jurisdiction the crossing is situate, may
serve a notice upon the company in the usual manner,
requiring the repair to be forthwith made ; and if the com-
pany does not forthwith make the same, such head of the
municipality may transmit a copy of the notice so served
to the Board ; and thereupon the Board may order
an inspection to be made and may appoint an inspec-
tor for that purpose who shall with all possible despatch,
appoint a day when he will examine into the matter; and
he shall, by mail, give notice to the warden, mayor, or
reeve, and to the company, of the day he so fixes; and
upon the day so named he shall examine the crossing;
inspector s and a certificate under his hand shall be final on the sub-
be conclusive, ject so in dispute between the parties; and if the said
Inspector determines that any repairs are required, he
shall specify the nature thereof in his said certificate, and
direct the company to make the same ; and the company
shall thereupon, with all possible despatch, comply with
the requirements of the certificate; and in case of default,
the municipality within whose jurisdiction the said cross-
ing is situate, may make such repairs, and may recover
all costs, expenses and outlays in the premises by action
against the company in any court of competent jurisdic-
tion, as money paid to the company's use.

Payments of
inpectors.

Proviso.

(2) The Inspector shall be entitled to be paid the sum of
and actual travelling expenses while engaged on

such inspection and in case he finds that any repairs are
required he shall be paid by the company, but if he
finds that no repairs are required he shall be paid by the
municipality whose chief officer served the said notice.

(3) Neither this section nor any proceeding had there-
under shall at all affect any liability otherwise attaching
to such company in the premises.

Crossings and Junctions.

Railway
crossings and
junctions.

98. — (1) The railway lines or tracks of any company
shall not be crossed or joined by or with the railway lines

1906.

RAILWAYS.

Chap. 30 253

or tracks of any other company until leave therefor has Power of the
been obtained from the Board as hereinafter provided.

(2) TJpon any application for such leave the applicant on*tippnc"^oni
company shall submit to the Board a plan and profile of to Board,
such crossing or junction and such other plans, drawings

and specifications as the Board may in any case, or by re-
gulation, require.

(3) The Board may by order grant such application on order of
such terms as to protection and safety as it may deem ex-
pedient, may change the plan and profile, drawings and
specifications, so submitted and fix the place and mode of
crossing or junction, and may direct that the lines and
tracks of one company be carried over or under the lines

and tracks of the other, and that such works, structures,
equipment, appliances and materials be constructed, pro-
vided, installed, maintained, used or operated, watch-
men or other persons employed, and measures taken,
as under the circumstances appear to the Board best adap-
ted to remove and prevent all danger of accident, injury
or damage, and may determine the amount of damage
and compensation, if any, to be paid for any property or
land taken or injuriously affected by reason of the con-
struction of such works.

(4) The Board may give directions as to supervision of supervision of
the construction of the works, and order that detailed wor s'
plans, drawings and specifications of any works, struc-
tures, equipment or appliances required, shall, before
construction or installation, be submitted to and approved

by the Board

(5) No trains shall be operated on the lines or tracks of Authorizing
the applicant company over, upon or through such cross- operation,
ing or junction until the Board grants an order author-
izing such operation, but the Board shall not grant such

order until satisfied that its orders and directions have
been carried out, and that the provisions of this section
have been complied with.

(6) The Board may order, any company to adopt and safety
put in use at any such crossing of junction, at rail level, on^aiMevei
such interlocking switch, derailing device, signal system, crossings-
equipments, appliances and materials, as in the opinion

of the Board renders it safe for engines and trains to pass
over such crossing or junction without being brought to
a stop.

(7) This section shall apply to street railway companies ^p^gttion
and street railways. railways.

Mines and Minerals.

99. No company shall, without the authority of theMinestobe
Board, locate the line of its proposed railway, or con- protected-

struct

254

Chap. 30.

RAILWAYS.

6 Edw. VII

Company not
entitled to
minerals, etc.,
in lands.

Exceptions.

struct the same or any portion thereof, so as to obstruct or
interfere with, or injuriously affect the working of, or the
access or adit to any mine then open, or for opening which
preparations are, at the time of such location, being law-
fully and openly made.

100. The company shall not be entitled to any mines,
ores, metals, coal, slate, mineral oils or other minerals in or
under any lands purchased by it, or taken by it under any
compulsory powers given it by this Act, unless the same
have been expressly purchased; and all such mines and
minerals, except as aforesaid, shall be deemed to be ex-
cepted from the conveyance of such lands, unless they
have been expressly named therein and conveyed thereby.

Mining under
or within
40 yards of
any railway .

Application
for leave of
Board .

Protection and
safety of the
public.

101. — (1) No owner, lessee or occupier of any such mines
or minerals lying under the railway or any of the works
connected therewith, or within forty yards therefrom, shall
work the same until leave therefor has been first obtained
from the Board.

(2) Upon any application to the Board for leave to work
any such mine or minerals, the applicant shall submit
a plan and profile of the portion of the railway to be
affected thereby, and of the mining works or plant pro-
posed to be constructed or operated, affecting the railway,
giving all reasonable and necessary information and de-
tails as to the extent and character of the same.

(3) The Board may grant such application upon such
terms and conditions, as to protection and safety of the
public, as to. the Board may seem expedient, and may order
that such other works be executed, or measures taken, as
under the circumstances appear to the Board best adapted
to remove or diminish the danger arising, or likely to
arise, from such mining operations. ,

Compensation
by company
for loss by
severance of
mine.

102. The company shall, from time to time, pay to the
owner, lessee, or occupier of any such mines such com-
pensation as the Board shall order to be paid to such
owner, lessee, or occupier for and on account of any sever-
ance of the lands lying over such mines by the railway,
or of the working of such mines being prevented, stopped
or interrupted, or of the same being worked in such manner
and under such restrictions as not to prejudice or injure
the railway, and also for any minerals not purchased by
the company which cannot be obtained by reason of mak-
ing and maintaining the railway.

Power of
company to
enter mines
for purpose of
ascertaining
whether work-

103. If necessary in order to ascertain whether any such
mines are being worked, or have been worked, so as to
damage the railway or works or in such manner as to be

detrimental

1906. railways. Chap. 30 255

detrimental to the safety of the public using the railway ™§w°yfngera
or of the tracks and trains of the company it shall be law-
ful for the company with the written permission and
authorization of the Board after giving twenty-four hours'
notice in writing, to enter upon any lands through or near
which the railway passes wherein any such mines are being
worked, and to enter into and return from any such mines
or the works connected therewith ; and for that purpose
it shall be lawful for them to make use of any apparatus
of such mines, and to use all necessary means for discover-
ing the distance from the railway to the parts of such
mines which are being worked.

104. If the owner, lessee, or occupier of any such mine Penalty for
refuses to allow any person appointed by the company for pany access
that purpose to enter into and inspect any such mines ortommes-
works in manner aforesaid, every person so offending

shall, for every such refusal, forfeit to the company a sum
not exceeding $100.

Weeds on Company 's Land.

105. — (1) Every company shall cause all cleared land or remJve" weeds
ground adjoining the railway and belonging to the com-
pany to be covered with grass or turf if not already so
covered and shall cause all thistles and noxious weeds
growing on the right of way and over land of the company
adjoining the railway to be cut down or to be rooted out

and destroyed each year before the plants have sufficiently
matured to seed.

(2) Every company which fails to comply with this sec- penalty,
tion shall incur a penalty of ten dollars for everji day
during which such company neglects to do anything
which it is so required to do.

(3) The mayor, reeve or other head of the municipality ^"^ip"1/
in which the land or ground lies may cause all things to officers may
be done which the said company is so required to do, and perform-
for that purpose may enter, by himself and his assistant

or workmen, upon such lands, and the municipality may

recover the expenses and charges incurred in so doing, and

the said penalty, with costs, in any court of competent Cost o£ work

jurisdiction, and such expenses, penalty and costs shall be

paid to the proper officer of the municipality.

Prevention of, and liability for, Fires.

106. — (1) The company shall at all times maintain and prevention,
keep its right of way free from dead or dry grass, weeds

and other unnecessary combustible matter.

(2) Whenever damage is caused to crops, lands, fences, {jjg^used'by
plantations, standing or growing timber or trees or build- locomotive,
ings and their contents, by a fire, started by a railway
locomotive, the company making use of such locomotive

whether

256 Chap. 30. railways. 6 Edw. VII

Construction
of road bi-
sections.

whether guilty of negligence or not, shall be liable for
such damage and may be sued for the recovery of the
amount of such damage in any court of competent juris-
proviso. diction; Provided that if it be shown that the company
has used modern and efficient appliances and has not
otherwise been guilty of any negligence, the total amount
of compensation recoverable under this section, in respect
of any one or more claims for damage from a fire or fires
started by the same locomotive and upon the same occasion,
shall not exceed five thousand dollars, and it shall be appor-
tioned amongst the parties who suffered the loss as the
court may determine.

insurable has cornPaily shall have an insurable interest in all

inerest. such property upon or along its route, for which it may

be so held liable, and may procure insurances thereon in

its own behalf.

Construction of Road by Sections.

107. The company is hereby authorized and empowered
to take and make the surveys and levels of the lands
through which the said railway is to pass, together with
the map or plan and book of reference thereof, and of
its course and direction, and of the lands intended to be
passed over and taken therefor, so far as then ascertained,
and to deposit the same as required by the clauses of
this Act with respect to plans and surveys, by sections or
portions less than the length of the whole railway author-
ized, of such length as the company may from time to time
see fit, so that no one of such sections or portions shall be
less than five miles in length, and upon such deposit as
aforesaid of the map or plan and book of reference of
any and each of such sections or portions of the said rail-
way, all and every of the clauses of this Act, shall apply
and extend to any and each of such sections or portions of
the said railway as fully and effectually as if the surveys
and levels had been taken and made of the lands through
which the whole of the said railway is to pass, together
with the map or plan and book of reference of the whole
thereof, and of its whole course and direction, and of the
lands intended to be passed over and taken, and the state-
ment of the whole of the said railway had been taken,
made, examined certified and deposited according to the
said clauses of this Act. The construction of the railway
in sections may be commenced at such point on the line
of railway as the directors may determine, but the said
work of construction shall be carried on from such point
by sections continuing therefrom so as to form at all times
one continuous line of railway; provided, however, that
the Board may sanction and approve of the construction
by sections at different points, and not continuously, along
the said line of railway.

108.

1906.

RAILWAYS.

Chap. 30

257

108. Whenever any section of the said railway of not Five mile
less than five miles has been completed, the company may beCopene°iay
take the steps authorized by section 163 of this Act to be

taken before a railway or a portion thereof is opened for
the carriage of traffic and, with the permission of the
Board as set forth in the said section, the company may
open and operate such section as if it were a completed
road, and all the sections of this Act applicable thereto
shall thereupon apply to the said section as if it were a
completed road, and to its operation. K

Commencement of Construction.

109. The company shall not commence the construction works not to
of the railway, or any section or portion thereof, until the until certain
provisions of this Act as to plans and surveys are fully compfiedVith.
complied with ; and shall not make any change, alteration

or deviation in the railway, or any portion thereof, until
the provisions of subsection 13 of section 59 as to deviations
are fully complied with.

Compensation to Owners of Lands Adjacent to Highways.

110. — (1) Where a railway constructs its tracks along compensation
one side of a highway or operates over a highway owners of lands
or railway or street railway crossing by means of a bridge

highway.

or underneath a highway or railway or street railway
crossing by means of a sub-way or tunnel, and in
the construction of the approaches to such bridge or tun-
nel, raises or depresses part of a highway the owner of any
land adjoining the portion of the highway upon the side
thereof upon which the tracks are so constructed or upon
or along which the said bridge or sub-way or tunnel or
approaches thereto are constructed shall, if by reason of
such construction, his land or the business carried on upon
such land is thereby injured or in any way depreciated in
value be entitled to receive compensation therefor from the
company.

(2) The proceedings to obtain such compensation and to
determine the amount thereof shall so far as applicable
be the same as that provided in this Act in the sections
respecting the taking of land without the consent of the
owner.

(3) Compensation for injury to or depreciation of the
value of any such business or land may be awarded by the
arbitrators if in their judgment any such injury or de-
preciation is caused by the existence of the railway not-
withstanding that the grade of the highway may not have
been changed or altered.

(4) Not more than one award of damages shall be made
under this section in respect of the same land or busi-
ness.

(5) This section shall not apply to such portions of any
lailway as are constructed at the time of the coming into

17 S. force

258

Chap. 30.

RAILWAYS.

6 Edw. VII

force of this Act, or which may be constructed under
agreements existing at the time of the coming into force
of this Act.

Limitation of Time for Construction.
Time for 111. If the construction of the railway or street rail-

construction - . - , „ „ £ .

limited. way is not commenced and niteen per cent, of the amount
of the capital stock is not expended thereon within two
years after the passing- of the special Act, or in case of a
railway other than a street railway, if the railway is
not finished and put in operation within five years from
the passing of such Act, the powers granted by such
Act or by this Act shall cease and be null and void as
respects so much of the railway as then remains uncom-
pleted.

Use of Steam During Construction.

Electric com- 112. A company while constructing a line of railway to
usesteam for be operated bv electricity on a right of way owned by the
construction. company shall have power to use steam as a motive power
during such construction and at other times for construc-
tion purposes.

Contracts for Construction.

contracts for 113. — (1) The directors may enter into a contract or con-
fineStetc0tlOn °J tracts with any individual, corporation or association of
individuals for the construction or equipment of the rail-
way or any part thereof, including or excluding the pur-
chase of right of way, and may pay therefor either in part
Payment in or *n wn°le> either in cash or bonds, or in paid-up stock,
stock orbonds. and may pay or agree to pay in paid-up stock or in bonds
of the said company such sums as they may deem exped-
ient to engineers, or for the right of way, or material,
plant or rolling stock, and also for the services of the
promoters or other persons who may be employed by the
directors for the purpose of assisting the directors and
furthering the undertaking, or for the purchase of right
of way, material, plant or rolling stock, provided that no
such contract shall be of any force or validity unless first
authorized by resolution passed by the votes of the share-
holders in person or by proxy representing two-thirds in
value of the whole amount paid up of the total capital
stock of the company then issued and outstanding at a
general meeting of the shareholders specially called for
the purpose of considering such matters, and the stock so
acquired by any person shall for all purposes be deemed
to be paid in cash.

Application to (2) This section shall apply to street railway companies

street r&ii- _ j *i

ways. and street railways.

17a s. OPERATION

1906.

RAILWAYS.

Chap. 30. 259

OPERATION OF THE RAILWAY.

Regulations governing the running of Trains.

114. The trains or cars shall start and run at regular Trains to Mart
hours or at regular intervals to be fixed by public notice, hourfu'ar
and shall furnish sufficient accommodation for the tran-
sportation of all such passengers and goods as are within

a reasonable time previous thereto offered for transporta-
tion at the place of starting, and at the junctions of other
railways, and at usual stopping places, established for
receiving and discharging way-passengers and goods from
the train or car.

115. Every employee of the company employed in a pas- Employees in
senger train or car or at a passenger station, shall wear tnUn^oir*
upon his hat or cap a badge, which shall indicate his t^wearbadges
office, and he shall not, without such badge, be entitled

to demand or receive from any passenger any fare or ticket,
or to exercise any of the powers of his office, or to inter-
fere with any passenger or his baggage or property.

llfi. — (1) The fare or toll shall be due and payable by Expulsion on

. . J refusal to pay

every passenger on entering the car, or other conveyance, fare,
and every passenger who refuses to pay his fare may, by the
conductor of the train and the train servants of the com-
pany, be expelled from and put out of the car, with his
baggage, at any usual stopping place, or near any dwelling
house, as the conductor elects, the conductor first stopping
the train and using no unnecessary force.

(2) This section shall apply to street railways. Application to

street rail-
ways.

117. No person injured while on the platform of a car, no claim for
or on any baggage, or freight car, in violation of the c"rtainScases
printed regulations posted up at the time, shall have any

claim in respect of the injury, if room inside of the pas-
senger cars, sufficient for the proper accommodation of
the passengers, was furnished at the time.

118. — (1) Except by permission of the Board, no passen- Position ot
ger train upon a steam railway shall have any freight, mer- passenger cars,
chandise or lumber car in the rear of any passenger car in

which any passenger is carried.

(2) Every officer or employee of any company, who Penalty for
directs, or knowingly permits, any freight, merchandise violation,
or lumber car, to be so placed, shall be liable on summary
conviction to a penalty not exceeding ten dollars.

119. — (1) A check shall be affixed by the company toBaggage
every parcel of baggage, having a handle, loop or suitable check3-

means

260 Chap. 30. railways. 6 Edw. VII

means for attaching a check thereupon, delivered by a pas-
senger to the company for transport, and a duplicate of
such check shall be given to the passenger delivering the
same.

Excess (2) In the case of excess baggage the company shall be

baggage. entitled to collect from the passenger, before affixing any
such check, the toll authorized under this Act.

Liability for
refusing to

(3) If such check is improperly refused on demand, the
check baggage, company shall be liable to such passenger for the sum of
eight dollars, which shall be recoverable in a civil action;
Provided that this section shall not apply to any train
or car operated by electricity unless the Board so orders.

Transportation
of dangerous
goods.

Nature must
be marked on
outside.

Notice.

Penalty.

120. No passenger shall carry, nor shall the company
be required to carry upon its railway, gunpowder, dyna-
mite, nitro-glycerine, or any other goods which are of a
dangerous or explosive nature; and every person who sends
by the railway any such goods without distinctly mark-
ing their nature on the outside of the package containing
the same, and otherwise giving notice in writing to the
station agent or employee of the company whose duty it
is to receive such goods and to whom the same are deliver-
ed, or who carries or takes upon any train any such goods,
for the purpose of carriao-e shall forfeit to the company
the sum of five hundred dollars for every such offence.

company may 121. The company may refuse to take any package or
re use o carry. parcej w]1ic}1 suspects to contain goods of a dangerous
nature, or may require the same to be opened to ascertain
the fact; and the company shall not carry any such goods
bf a dangerous nature, except in cars specially designated
for that purpose, on each side of each of which shall plainly
appear in large letters the words "dangerous explosives";
and for each neglect to comply with the provisions of this
section, the company shall incur a penalty of five hundred
dollars.

Carriage of
such goods

Penalty ,

Trains to stop
at swing
bridges.

122. — (1) When any railway passes over any navigable
water, or canal, by means of a draw or swing bridge which
is subject to be opened for navigation, every train shall,
before coming on or crossing over such bridge, be brought
to a full stop and shall not proceed until a proper signal
has been given for that purpose, and in default the com-
pany shall be liable to a penalty not exceeding four hund-
red dollars. Any employee failing to comply with the
miles of the company as to compliance with the provisions
of this subsection shall be liable to the like penalty, or to
six months' imprisonment, or to both.

(*)

1906.

RAILWAYS.

Chap. 30. 261

(2) Wherever there is adopted or in use on any railway where safety
at any such bridge, an interlocking switch and signal installed Board
system, or other device which, in the opinion of the Board, ™d5elotherwlse
renders it safe to permit engines and trains to pass over

such bridge without being brought to a stop, the Board
may, by order, permit engines and trains to pass over such
bridge without stopping, under such regulations, as to
speed and other matters, as the Board deems proper.

(3) This section shall apply to street railwavs. Application to

street railways.

123. When any train is approaching a highway crossing use of ben
at rail-level (except within the limits of cities or towns
where the municipal authority may pass by-laws prohibit-
ing the same), the engine whistle shall be sounded at least
eighty rods before reaching such crossing, and then the

bell shall be rung continuously until the engine has crossed non^^'pii-
such highway, or in the case of a car or locomotive oper- se-
ating by electricity an air whistle shall be blown or the
gong be sounded continuously for eighty yards before
reaching such crossing, and the company shall, for each
neglect to comply with the provisions of this section, incur Damages,
a penalty of eight dollars, and shall also be liable for all penalty on
damage sustained by any person by reason of such neglect ; employee,
and every employee of the company who neglects to com-
ply with this section shall for each offence be subject to
a like penalty.

124. — (1) No train, engine or motor car shall pass over signal at raii-
any crossing where two main lines of railway cross each level crossinss-
other at rail-level, until a proper signal has been received

by the conductor, engineer or motorman in charge of such
train, engine or motor car from a competent person or
watchman in charge of such crossing that the way is clear ;
provided always, that in the case of an electric street rail- Kiectric street
way car crossing any railway track not properly protected, crossings,
it shall be the duty of the conductor, before crossing, to
go forward and see that the track to be crossed is clear,
before giving the siernal to the motorman, that the way
is clear and to proceed.

(2) Every main track of a branch line is a main line Application of
within the meaning of this section, which shall apply, !'ectlon-
whether the said lines be owned by different companies

or by the same company.

(3) Every train shall, before it passes over any such stoppage of
crossing as in this section mentioned, be brought to a full level crossings,
stop; but whenever there is in use, at any such crossing,

an interlocking switch and signal system, or other device
which, in the opinion of the Board, renders it safe to per- where safety
mit engines and trains or electric cars to pass over such f^taHed Board
crossing without being brought to a stop, the Board may, Onrderotherwi9e
by order, permit such engines and trains and cars to pass
over such crossing without stopping, under such regula-
tions

262

Chap. 30.

RAILWAYS.

6 Eow. VII

Penalty

tions as to speed and other matters as the Board deems
proper.

(4) Nothing in this section shall apply to a case in which
the Dominion Railway Commission has jurisdiction to make
an order and has made an order for the protection of such
crossing.

Trains, or cars 125. Whenever in any city, town or village, any train
reversely in ^s passing over or along a highway at rail-level, and is not
cities, etc. headed by an engine or motor car moving forward in the
ordinary manner, the company shall station on the then
foremost part of the train, a person who shall warn per-
sons standing on, or crossing, or about to cross, the track
of such railway; and for every violation of any of the pro-
visions of this section, or of either of the two sections next
preceding, the company shall incur a penalty of one hund-
red dollars.

Trains must not 126. — (1) Whenever any railway crosses any highway at
level crossings rail-level, the company shall not, nor shall its officers,
minutesan flve aSen^s> or employees, wilfully permit any engine, tender
- or car, or any portion thereof, to stand on any part of such
highway, for a longer period than five minutes at one time,
or in shunting to obstruct public traffic for a longer period-
than five minutes at any one time.

(2) In every case of k violation of this section, every such
officer, agent, or employee who has directly under or sub-
ject to his control, management or direction, any engine,
tender or car which, or any portion of which, is allowed
to stand on such highway, longer than the time specified
in this section, is liable on summary conviction to a pen-
alty not exceeding fifty dollars, and the company is also
liable for each such violation, to a like penalty ; provided
always that if such alleged violation is in the opinion of
the court excusable, the action for the penalty may be
dismissed; and costs shall be in the discretion of the court.

Sleeping and Parlor Cars.

127. The company may contract with any person
for the hauling by the special or regular trains of the com-
pany, of the parlor, drawing-room or sleeping car or cars of
such person, in which extra accommodations shall be fur-
nished, for which such person furnishing such parlor, draw-
ing-room or sleeping car or cars, may charge for the car-
riage and transportation of persons and property therein
such reasonable compensation as may be fixed by the Board,
for such extra accommodation, in addition to the fare and
charges for the carriage and transportation of passengers
and property in the ordinary cars of the company. But the
company so contracting shall be liable in the same way and
to the same extent as if the said car or cars were owned by
it, and shall furnish sufficient ordinary cars for the reason-
able accommodation of the travelling public.

128

Where

violation

excusable

Sleeping and
parlor cars.

1906.

RAILWAYS.

Chap. 30.

263

Stations.

128. — (1) The company shall, according to its powers, Accommoda-
furnish, at the place of starting and at the junction of the passengers and
railway with other railways, and at all stopping places ^atfm^1
established for such purpose, adequate and suitable accom-
modation for the receiving and loading of all traffic offered .

for carriage upon the railway, — and shall furnish ade- Train accom-
quate and suitable accommodation for the carrying, un- modat,on-
loading and delivering of all such traffic, — and shall, Duties respect-
without delay, and with due care and diligence, receive, PoftaUon. =""
carry and deliver all such traffic, and shall furnish and
use all proper appliances, accommodation and means neces-
sary therefor.

(2) Such traffic shall be taken, carried to and from, and J^y™egnt
delivered at such places, on the due payment of the toll
lawfully payable therefor.

(3) Every person aggrieved by any neglect or refusal in Right of action
the premises shall, subject to this Act, have an action ondefault-
therefor against the company, from which action the com-
pany shall not be relieved by any notice, condition or de-
claration or any agreement to the contrary if the damage against0"
arises from any negligence or omission of the company or ^'if!"06

of its servants.

(4) If in any case such accommodation is not, in the 4ceommoda-
opinion of the Board, furnished by the company, the ordered by
Board may order the company to furnish the same within Board-
such time or during such period as the Board deems ex-
pedient, having regard to all proper interests.

(5) No station established by any railway company for Stations not to
the reception or delivery of passengers or property, or unued.0"
both, shall be discontinued without the consent of the

Board first had and obtained.

(6) Upon the written complaint of ten or more persons complaint of
interested setting forth that any of the provisions of this to^tatiorfac"
Act as to station accommodation or stopping places are commodation.
being violated by the company the Board shall forthwith
investigate the complaint. If upon such investigation it is

found that such violation exists the Board shall issue an
order to the company setting forth the nature of the
improvements required and shall direct that the same shall
be completed within such time as the Board may think
proper.

Blackboards showing whether Trains on Time.

129. — (1) Every company, upon whose railway there is a overdue trains,
telegraph or telephone line in operation, shall have a
blackboard put upon the outside of the station house, over

the

264

Chap. 30.

RAILWAYS.

6 EDW. YII

Notice at the platform of the station, in some conspicuous place at
stations each station of such company at which there is a telegraph
or telephone office; and when any passenger train or car is
overdue at any such station, according to the time table of
such company, the station agent or person in charge at
such station, shall write, or cause to be written, with
ex^ected6to be wn^e chalk on such blackboard, a notice stating, to the
stated. best of his knowledge and belief, the time when such over-

due train or car may be expected to reach such station ;
and if there is any further change in the expected time of
arrival the station agent or person in charge of the station
shall write, or cause to be written on the blackboard in
like manner, a fresh notice stating, to the best of his
knowledge and belief, the time when such overdue train
or car may then be expected to reach such station.

Penalty for (2) Every such company, station agent or person in

omission. i , ■• r~ . • , •

charge at any such station, is, on summary conviction,
liable to a penalty not exceeding five dollars for every wil-
ful neglect, omission or refusal to obey the provisions of
this section.

MUNICIPAL BONUSES AND LOANS.

Aid from 130. Any municipality, or any portion of a township

municipalities. municipaiity, which may be interested in securing the con-
struction of the railway, or through any part of which or
near which the railway or works of the company shall
pass or be situate may aid the company by giving money
or debentures, by way of bonus, gift or loan, or by the guar-
antee of the municipal corporation, under and subject to
the provisions hereinafter contained; provided always,
that such aid shall not be given except after the passing
of a by-law for the purpose and the adoption of such by-
law by the qualified ratepayers of the municipality or
portion of the municipality (as the case may be) in ac-
cordance with and as provided by law in respect to grant-
ing aid by way of bonuses to railways.

submitting 131. Such by-law shall be submitted by tha municipal
bonus by-law. council to a vote of the ratepayers in manner following,
namely :

(1) The proper petition shall first be presented to the

council expressing the desire to aid the railway and stat-
ing in what way and for what amount; and the council
shall within six weeks after the receipt of such petition
by the clerk of the municipality, introduce a by-law to
the effect petitioned for, and submit the same to the ap-
proval of the qualified voters.

(2) In the case of a county municipality, the petition
shall be that of a majority of the members of the county
council or of fifty resident freeholders in each of the

minor

Proviso.

1906.

KAIL WAYS .

Chap. 30. 265

minor municipalities of the county who are qualified vot-
ers under The Consolidated Municipal Act, 1903, and the * E^w- VI1
amendments thereto.

(3) In the case of other municipalities the petition shall
be that of a majority of the council thereof, or fifty resi-
dent freeholders, being duly qualified voters under The
Consolidated Municipal Act, 1903, and amendments there- ^ E^w- V1L
to as aforesaid. *>

(4) In the case of a section of a township municipality

the petition is to be presented to the council defining the
section by metes and bounds, or lots and concessions, and
shall be that of a majority of the council of such town-
ship municipality, or of fifty resident freeholders in such
section of the municipality, being duly qualified voters
as aforesaid.

132. Such by-law shall in each instance provide: Bonus by-law

J r what to

(a) For raising the amount petitioned for in the muni-
cipality or portion of the township municipality, (as the
case may be), mentioned in the petition, by the issue of
debentures of the county or minor municipality, respec-
tively, and shall also provide for the delivery of the said
debentures, or the application of the amount to be raised
thereby, as may be expressed in the said by-law.

(6) For assessing and levying upon all rateable pro-
perty lying within the municipality or portion of the
township municipality defined in the said by-law (as the
case may be), an annual special rate, sufficient to include
i) sinking fund for the repayment of the said debentures
within twenty years with interest thereon, payable yearly
or half-yearly, which debentures the respective municipal
councils, wardens, mayors, reeves and other officers there-
of, are hereby authorized to execute and issue in such cases
respectively.

133. In case of aid from a county municipality, fifty petition
resident freeholders of the county may petition the county gainst aid

, t • t i t i from county

council against submitting the said by-law, upon the
ground that certain minor municipalities or portions
(hereof, comprised in the said by-law, would be injuri-
ously affected thereby, or upon any other ground ought
not to be included therein, and upon deposit by the peti-
tioners, with the treasurer of the county, of a sum suffi-
cient to defray the expenses of such reference, the said
council shall forthwith refer the said petition to the Board
who shall have power to confirm or amend the said by-
law by excluding any minor municipality, or any section
thereof, therefrom, and the by-law so confirmed or amended
shall thereupon, at the option of the railway company,
be submitted by the council to the duly qualified voters,

and

266

Chap. 30.

RAILWAYS.

6 Edw. VII

and in case the by-law is confirmed by the Board the
expenses of the reference shall be borne by the petitioners
against the same, but if amended, then by the railway
company or the county or in such proportions between the
company and the county as the Board may order.

municipality 134. The term "minor municipality" shall be construed
meaning of. to mean any town not separated from the municipal

county, township or incorporated village situate in the

county municipality.

madebefore6 Before any such by-lay is submitted, the railway

by law company shall, if required, deposit with the treasurer of

submitted. ^e municipality, a sum sufficient to pay the expenses to
be incurred in submitting the said by-law.

paw by-law if 136. In case the by-law submitted be approved of and
ratepayers*0 by carried, in accordance with the provisions of the law in
that behalf, then within four weeks after the date of such
voting it shall be the duty of the municipal council which
submitted the same to read the said by-law a third time
and pass the same.

debentures. 137. Unless otherwise provided in the by-law, the said
council and the mayor, warden, reeve or other officers
thereof, within one month after the passing of such by-
law, shall issue or dispose of the debentures provided for
by the by-law, and deliver the same, duly executed, to
the trustees appointed, or to be appointed under this Act.

Levying rate 138. In case any such loan, guarantee or bonus, be so

on portion of • i -i • o -P • • • t i

municipality, granted by a portion of a township municipality, the rate
to be levied for payment of the debentures issued therefor,
and the interest thereon, shall be assessed and levied upon
such portion only of such municipality.

Application of 139. The provisions of The Consolidated Municipal Act,
3Edw!vnof 1903 ; and .tne amendments thereto, so far as the same are
«■ is. not inconsistent with this Act, shall apply to any by-law

so passed by or for a portion of a township municipality,
to the same extent as if the same had been passed by or for
the whole municipality.

Councils may 140. The councils for all corporations that may grant
for^commence- a*d by way of bonus to the company may, by resolution
ment. nr hy-law extend the time for the commencement of the

work beyond that stipulated for in the by-law or by-laws
granting such aid, from time to time: provided that no
such extension shall be for a longer period than one year.

councils may 141. The council of any municipality that may "rant
extend time • i -i c i a i • i

/or completion ain hv way ot bonus, to the company, may by resolu-
tion

1906.

RAILWAYS .

Chap. 30. 267

tion or by-law, extend the time for the completion of
the works (on the completion of which the company would
be entitled to such bonus), from time to time, provided
that no such extension shall be for a longer period than
one year at a time.

142. Any municipality, or portion of a township muni- Extent of aid
cipality interested in the construction of the railway of pa°iit{™unici~
the company may grant aid by way of bonus to the com-
pany towards the construction of such railway, notwith-
standing that such aid may increase the municipal taxa-
tion of such municipality, or portion thereof, beyond what
is allowed by law; provided that such aid shall not re-Proviso-
quire the levying of a greater aggregate annual rate for
all purposes exclusive of school rates, than three cents
in the dollar upon the value of the rateable property
therein.

143. Any municipality through which the railway may
pass or in which the railway or part of it is situate
is empowered to grant, by way of gift to the com-
pany, any lands belonging to such municipality, or
over which it may have control, which may be required
for right of way, station grounds or other purposes con-
nected with the running or traffic of the railway, and the
railway company shall have power to accept gifts of land
from any government, or any person or body, corporate
or politic, and shall have power, when the same are no
longer required or necessary for the purposes of the com-
pany, to sell or otherwise dispose of the same for the bene-
fit of the company.

144. Whenever any municipality or portion of a town- Trustees of
ship municipality shall grant aid by way of bonus or gift debentures,
to the company, the debentures therefor shall within six
months after the passing of the by-law authorizing the
same, be delivered to three trustees to be named, one by
the Board, one by the said company, and one by the ma-
jority of the heads of the municipalities which have
granted bonuses, all of the trustees to be residents of the
Province of Ontario ; provided that if the said heads of
the municipalities shall refuse or neglect to name such
trustee within one month after notice in writing of the
appointment of the company's trustee, or if the Board
shall omit to name such trustee within one month after
notice in writing to the Board of the appointment of the
other trustees, then in either case the company shall be at
liberty to name such other trustee or other trustees ; any of
the said trustees may be removed and a new trustee ap-
pointed in his place at any time by the Board, and in case
any trustee dies or resigns his trust, or goes to live out
of the Province of Ontario or otherwise becomes incap-
able

268

Chap. 30.

RAILWAYS.

6 Edw. VII

Trusts of
proceeds of
debentures.

Fees of
trustees.

Mayor, etc.,
to be ex officio
a director in
certain cases.

Application
to street
railways

able of acting, his trusteeship shall become vacant and a
new trustee may be appointed by the Board.

145. The said trustees shall receive the said debentures
or bonds in trust, firstly, under the directions of the com-
pany but subject to the conditions of the by-law in rela-
tion thereto as to time or manner, to convert the same into
money or otherwise dispose of them; secondly, to deposit
the debentures or amount realized from the sale in some
chartered bank having an office in the Province of On-
tario in the name of "The Eailway Municipal

Trust Account," and to pay the same out to the company
from time to time as the companv becomes entitled there-
to, under the conditions of the by-law granting the said
bonus and on the certificate of the chief engineer of the
said railway for the time being, in the form set out in
Schedule "A" hereto, or to the like effect, which certificate
shall set forth that the conditions of the by-law have been
complied with, and is to be attached to the cheque or order
drawn by the said trustees for such payment or delivery
of debentures, and such engineer shall not wrongfully
grant any such certificate under a penalty of $500, re-
coverable in any court of competent jurisdiction by any
person who may sue therefor.

146. The trustees shall be entitled to their reasonable
fees and charges from the said trust fund, and the act of
any two of such trustees shall be as valid and binding as
if the three had agreed.

147. The mayor, warden, reeve, or other chief officer of
such municipal corporation granting a bonus or gift to
the company to the amount of $20,000, or upwards, shall
be ex officio one of the directors of the company, in addi-
tion to the number of directors authorized by the special
Act, and shall have the same rights, powers and duties
as any of the directors of the company.

148. The sections respecting municipal bonuses and
loans, being sections 130 to 147 inclusive, shall apply to
street railway companies.

EXEMPTIONS FROM TAXATION.

By-law grant- 149 — (1) The council of any municipality through any

ingexempuon x '. „ J . c .. .«' . °. J

from taxation, part of which the railwav passes, or m wnicn it is situate
may by by-law especially passed for that purpose, exempt
the company and its property within such municipality,
either in whole or in part from municipal taxation, but
not including taxation for school purposes, or fix a cer-
tain sum per annum, or otherwise, by way of commuta-
tion, or in lieu of all or any municipal rates or taxes, and
for such term of years not exceeding twenty-one years as

such

1906.

RAILWAYS.

Chap. 30. 269

such municipal council may deem expedient, and no
such by-law shall be repealed unless in conformity with a
condition contained therein.

(2) This section shall apply to street railway companies. Application

to street
railways.

BY-LAWS, RULES AND REGULATIONS.

150. The company may, subject to the provisions and by-iaPws 5
restrictions in this and in the Special Act, contained, resP^tins-
make by-laws, rules or regulations respecting —

(a) The mode by which, and the speed at which, anySpeed"
rolling stock used on the railway is to be moved;

(b) The hours of the arrival and departure of trains; Timetables.

(d) The receipt and delivery of traffic; refutations.

(e) The smoking tobacco, expectorating, and the com- Nuisances,
mission of any nuisance in or upon trains, stations or

other premises occupied by the company;

(/) The travelling upon, or the using or working of, the traffic and
railway ;

(g) The employment and conduct of the officers and em- Conduct,
ployees of the company;

(h) The due management of the affairs of the company ; Management,
and

(i) The number of passengers to be allowed in cars, their Passengers,
mode of entrance or exit, and the portion of the car or the

class of car to be occupied by them.

151. The company may, for the better enforcing: the Penalty for

i j» ii tT 1 i n j • pc i violation of

observance of any sucn by-law, rule or regulation afreet- by-laws-
ing the officers or employees of the company prescribe in
such by-law a penalty not exceeding forty dollars for any
violation thereof.

152. All by-laws, rules and regulations whether made Essentials to
by the directors or the company shall be reduced to writ- by-'iaw7 °f
ing, be signed by the chairman or person presiding at the
meeting at which they are adopted, have affixed thereto

the common seal of the company, and be kept in the office
of the company.

153. All such by-laws, rules and regulations, except Must°e

, . • , j ,• s. jj *\ approved by

sucn as are of a private or domestic nature and do not Board,
affect the public generally, shall be submitted to the Board
for approval. The Board may sanction them or any of
them, or any part thereof, and may from time to time, res-
cind the sanction of any such by-law, rule or regulation or

270 Chap. 30. railways. 6 Edw. VII

of any part thereof. Except when so sanctioned no such
by-law, rule or regulation shall have any force or effect.

P^cation of 154. ^ printed copy of so much of any by-law, rule or
regulation, as affects any person, other than the share-
holders, or the officers or employees of the company, shall
be openly affixed, and kept affixed, to a conspicuous part
of every station belonging to the company, so as to give
public notice thereof to the persons interested therein or
affected thereby.

Pupation of 155. A. printed copy of so much of any by-law, rule or
affecting etc'' regulation as relates to the conduct of or affects the officers
employees. Qr empioyees Gf the company, shall be given to every
officer and employee of the company thereby affected.

By-laws, etc., 156. Such by-laws, rules and regulations when so ap-
approv!dVhen proved shall be binding upon, and observed by, all per-
sons, and shall be sufficient to justify all persons acting
thereunder.

Summary
interference
in certain
cases .

157. If the violation or non-observance of any by-law,
rule or regulation, is attended with danger or annoyance
to the public, or hindrance to the company in the lawful
use of the railway, the company may summarily interfere,
using reasonable force, if necessary, to prevent such vio-
lation, or to enforce observance, without prejudice to any
penalty incurred in respect thereof.

Evidence. 158. A copy of any by-law, rule or regulation, certified

as correct by the president, secretary or other executive
officer of the company and bearing the seal of the com-
pany, shall be evidence thereof in any court.

By-laws, etc-, All by-laws, rules and regulations of a company oper-

agreemente*-^0 a^nS ^s railway by electricity partially or wholly on a
with municf~ highway or of a street railway company shall be subject
to any agreement that may have been made by such com-
pany and the municipal corporation owning or maintain-
taining such highway.

NOTICES OF BY-LAWS, ETC.

Hownoticeiof 160. Notice of any by-law or of any "order or notice
orders may be of the company affecting any officer or employee thereof
proved may be proved by proving the delivery of a copy thereof

to such officer or employee, or that such officer or employee
signed a copy thereof, or that a copy thereof was posted
in some one place where his work or his duties, or some of
them, were to be performed.

sees1 1^*160 'to 1^1. The sections relating to "By-laws, Rules and Regu-
street railways lations," being sections 150 to 160 inclusive, shall apply to
street railways and street railway companies.

162

1906.

RAILWAYS.

Chap. 30.

271

Inspection of Railways.

Inspecting Engineers.

162. — (1) Inspecting- engineers may be appointed by the Appointment
Board, subject to the approval of the Lieutenant-Governor engineers,
in Council.

(2) It shall be the duty of every such inspecting engineer, Duties,
upon being directed by the Board, to inspect any railway,

or any branch line, siding or portion thereof whether con-
structed, or in the course of construction, to examine the
stations, rolling stock, rails, road bed, right of way, tracks,
bridges, tunnels, trestles, viaducts, drainage, culverts,
railway crossings and junctions, highway and farm cross-
ings, fences, gates and cattle-guards, telegraph, telephone,
or other lines of electricity, and all other buildings, works,
structures, equipment, apparatus, and appliances thereon,
or to be constructed or used thereon, or such part thereof
as the Board may direct, and forthwith to report fully
thereon in writing to the Board.

(3) Every such inspecting engineer shall be vested with Powers of

n iu j . i • l- inspection.

all tne powers m regard to any such inspection as are pro-
vided in section 49 of "The Ontario Railway and Municipal
Board Act, 1906 r

(4) Every company, and the officerei and directors thereof, Duties of
shall afford to any inspecting engineer such information as respecting
is within their knowledge and power, in all matters inquir- insPectins
ed into by him, and shall submit to such inspecting engin- engineer&'
eer all plans, specifications, drawings and documents re-
lating to the construction, repair, or state of repair, of the
railway, or any portion thereof.

(5) Every such inspecting engineer shall have the right, inspecting
while engaged in the business of such inspection, to travel ^^1™",
without charge on any of the ordinary passenger trains free.
running on the railway, and to use without charge the tele-
graph wires and machinery in the offices of, or under the wire^etT1*
control of, any such company.

(6) The operators, or officers, employed in the telegraph Trat
offices of, or under the control of, the company, shall, with- of telegrams
out unnecessary delay, obey all orders of any such inspect-
ing engineer for transmitting messages; and every such
operator or officer, who neglects or refuses so to do, shall,

for every such offence, be liable, on summary conviction, ^aUy upon
to a penalty of forty dollars.

(7) The production of his appointment in writing, signed Proof of
by the Chairman of the Board, or the Secretary, shall be S&S^'

sufficient

272

Chap. 30.

RAILWAYS.

6 Edw. VII

Penalty for
obstructing
inspecting
engineers.

Leave of
Board before
opening.

Proceedings.
Affidavit.

sufficient evidence of the authority of such inspecting
engineer.

(8) Every person who wilfully obstructs any inspecting
engineer in the execution of his duty, is liable, on sum-
mary conviction, to a penalty not exceeding forty dollars;
and in default of payment thereof forthwith, or within
such time as the convicting justices or justices of the peace
appoint, to imprisonment with or without hard labour for
any term not exceeding three months.

Inspection of Line.

163. — (1) No railway, or any portion thereof, shall be
opened for the carriage of traffic, other than for the pur-
poses of the construction of the railway by the company,
until leave therefor has been obtained from the Board, as
hereinafter provided.

(2) When the company is desirous of so opening its rail-
way, or any portion thereof, it shall make an application
to the Board, supported by affidavit of its president, secre-
tary, engineer or one of its directors, to the satisfaction of
the Board, alleging that the railway, or portion thereof,
desired to be so opened is in his opinion sufficiently com-
pleted for the safe carriage of traffic, and ready for inspec-
tion, and requesting the Board to authorize the same to be
opened for such purpose.

inspection. (3) Before granting such application the Board shall di-
rect an inspecting engineer to examine the railway, or por-
tion thereof, proposed to be opened, and if the inspecting
engineer reports to the Board, after making such examin-
when opening ation, that in his opinion the opening of the same for the
carriage of traffic will be reasonably free from danger to
the public using the same, the Board may make an order
granting such application, in whole or in part, and may
name the time therein for the opening thereof, and there-
upon the railway, or such portion thereof as is_ authorized
by the Board, may be opened for traffic in accordance with
such order.

reported to
be safe

Order of
Board .

When opening

reported

dangerous

Notice to be
served on
company.

(4) But if such inspecting engineer, after the inspection

of the railway, or the portion thereof, shall report to the
Board that in his opinion the opening of the same would
be attended with danger to the public using the same, by
reason of the incompleteness of the works or permanent
way, or the insufficiency of the construction or equipment
of such railway or portion thereof, he shall state in his
report the reasons for such opinion, and the company shall
be entitled to notice thereof, and shall be served with a
copy of such report and reasons, and the Board may re-
fuse such application, in whole or in part, or may direct
a further or other inspection and report to be made.

(5)

1906.

RAILWAYS.

Chap. 30. 273

(5) If thereafter upon such further or other inspection Or Provision for
upon a new application under this section, the inspecting inspection,
engineer reports that such railway, or portion thereof,

may be opened without danger to the public, the Board order for
may make the like order as provided in subsection 3 0fopemng-
this section and thereupon the railway, or such portion
thereof, as is authorized by the Board, may be opened for
traffic in accordance therewith.

(6) The Board, upon being satisfied that public conven- Leave to carry
ience will be served thereby, may, after obtaining a report freighttiaffic'
of an inspecting engineer, allow the company to carry

freight traffic over any portion of the railway not opened
for the carriage of traffic in accordance with the preced-
ing provisions of this section.

(7) If any railway, or portion thereof, is opened contrary ^thJjJJtWye
to the provisions of this section, the company, or person to of Board,
whom such railway belongs shall forfeit to His Majesty

the sum of two hundred dollars for each day on which the Penalty-
same is, or continues open until such order is obtained.

164. — (1) Whenever the Board receives information that where
any railway, or any portion thereof, is dangerous to the pub- c?repair?ut
lie using the same, from want of renewal or repair, or in-
sufficient or faulty construction, equipment, or from any
other cause, the Board may direct an inspecting engineer to
examine the railway, or any portion thereof ; and upon the
report of the inspecting engineer may order any repairs, Inspection
renewal, reconstruction, alteration or new works, materials Board
or equipment to be made, done, or furnished by the com- may order
pany or municipality upon, in addition to, or substi- repairs- etc-
tution for, any portion of the railway, which may, from
such report, appear to the Board necessary or proper to
avoid such danger, and may order that until such repairs,
renewals, reconstruction, alteration, and work, materials or
equipment are made, done and furnished to its satisfaction, May enjoin

i ± ■ o ■ 1 -1 • i a i_ " t_ i use of portions

no such portion oi the railway m respect of which such of railways
order is made, shall be used, or used otherwise than subject repair"8
to such restrictions, conditions and terms as the Board may
in such order impose. And the Board may by such order,
condemn, and thereby forbid further use of, any rolling or of
stock which, from such report, it may consider unfit to re- equiprnent
pair or use further.

(2) If, after notice of any such order made by the Board, f*™1^
the company shall use any rolling stock, after the same has compliance,
been so condemned by the Board, or shall disobey or fail
to comply with any order of the Board made under this
section, the company 'shall, for each day on which such
order is disobeyed, forfeit to His Majesty the sum of five
hundred dollars"; and any person wilfully and knowingly
18 S. aiding

274

Chap. 30.

RAILWAYS .

6 Edw. VII

Aiding and
abetting.

Application
of section
to street
railway.

Inspecting
engineer may
in case of
danger issue
prohibitions.

Procedure.

Reasons and
defects must
be stated.

Penalty.

aiding or abetting any such violation shall be guilty of an
offence, and on summary conviction thereof shall be liable
to a penalty of not less than twenty dollars nor more than
two hundred dollars.

(3) This section shall apply to street railways.

165. — (1) If in the opinion of any inspecting engineer,
it is dangerous for trains to pass over any railway, or any
portion thereof, until alterations, substitutions or repairs
are made thereon, or that any of the rolling stock should be
run or used, the said engineer may, by notice, forthwith,
either forbid the running of any train over such railway or
portion of railway, or require that the same be run only
at such times, under such conditions, and with such pre-
cautions, as he, by notice specifies, and he may forbid the
running or using of any such rolling stock by serving upon
the company owning, running or using such railway, or
any officer having the management or control of the run-
ning of trains on such railway, a notice in writing to that
effect, with his reasons therefor, in which he shall distinct-
ly point out the defects or the nature of the danger to be
apprehended ; and for every act of non-compliance there-
with such company shall forfeit to His Majesty the sum
of two thousand dollars.

Report of

inspecting

engineer.

Action
thereon .

Notice.

(2) The inspecting engineer shall forthwith report tha
same to the Board which may either confirm, modify or
disallow the act or order of such engineer; and notice of
such confirmation, modification or disallowance, shall be
duly given to the company.

company to^ 166. The company shall, as soon as possible after the re-
of Board to its ceipt of any order or notice of the Board affecting any of
officers, etc. 0£gcers or employees of the railway or any of the duties

of such officers or employees, give cognizance thereof to
each of it's officers and employees, in one or more of the
ways mentioned in section 160 of this Act.

What to be
' deemed suffi-
cient notice
thereof.

167. All orders of the Board shall be considered as made
known to the company by a notice thereof signed by the
chairman or secretary thereof, and delivered to the presi-
dent, vice-president, managing director, secretary or super-
intendent of the said company, or at the office of the com-
pany.

Inspection not to Relieve from Liability.

Inspection
not to relieve
company from
liability.

168. No inspection had under this Act, and nothing in
this Act contained, and nothing done or ordered or omitted
to be done or ordered, under or by virtue of the provisions
of this Act, shall relieve, or be construed to relieve, any
18a s. company

190G.

RAILWAYS.

Chap. 30. 275

company of or from any liability or responsibility resting
upon it by law, either towards His Majesty or towards any
person, or the wife or husband, parent or child, executor
or administrator, tutor or curator, heir or personal repre-
sentative, of any person, for anything done or omitted to
be done by such company, or for any wrongful act, neglect
or default, misfeasance, malfeasance or nonfeasance, of
such company, or in any manner or way to lessen such ^
liability or responsibility or in any way to weaken or
diminish the liability or responsibility of any such com-
pany, under the laws in force in this Province.

TOLLS.

By-Laws as to.

169. — (1) The company or the directors of the company, By-laws to be
by by-law or any such officer or officers of the company as nzflg issue of
are thereunto authorized by by-law of the company or direc- ^f^rgea
tors may from time to time prepare and issue tariffs by the
of the tolls to be charged, as hereinafter provided, forcompan>-
all traffic carried by the company upon the railway, or in
its vessels, and may specify the persons to whom, the place
where, and the manner in which, such tolls shall be paid.

(2) All such by-laws shall be submitted to and approved To be approved

by the Board. by Board.

(3) The Board may approve such by-laws in whole or in Board m*y

, . ii j> ,i • • approve in

part, or may change, alter or vary any oi the provisions whole or in
therein. ff™

(4) No tolls shall be charged by the company until a by- Xweduam
law authorizing the preparation and issue of tariffs of by-law
such tolls has been approved by the Board, nor shall the BoardV.ed by
company charge, levy or collect any money for any ser-
vices as a common carrier, except under the provisions

of this Act.

Collection of Tolls.

170. — (1) The company shall have the power to collect conec^tmg
and receive all charges subject to which goods or commo- on goods,
dities may come into their possession, and on payment of
such charges by the company without any formal transfer,
the company shall have the same lien for the amount thereof
upon such goods or commodities as the person to whom
such charges were originally due, and shall be subrogated
by such payments to all the rights and remedies of such
persons for such charges.

(2)

276 Chap. 30.

RAILWAYS.

6 Edw. VII

(2) In case of refusal or neglect of payment on demand
of any such tolls, or any part thereof, to such persons,
the same may be sued for and recovered in any court of
competent jurisdiction, or the agents or servants of the
company may seize the goods for or in respect whereof
such tolls ought to be paid, and detain the same until
payment thereof; and in the meantime the said goods
shall be at the risk of the owners thereof.

Sale of goods (3) If the tolls are not paid within six weeks, and where
the goods are perishable goods, if the tolls are not paid
upon demand or if such goods are liable to be destroyed
while in the possession of the company by reason of delay
in payment or taking delivery by the consignee, the
company may advertise and sell the whole or any part of
such goods and out of the money arising from such sale
retain the tolls payable and all reasonable charges and
expenses of such seizure, detention and sale, and shall
deliver the surplus, if any, or such of the goods as remain
unsold, to the person entitled thereto.

(4) If any goods remain in the possession of the com-
pany unclaimed for the space of twelve months, the com-
pany may thereafter, and on giving public notice thereof
by advertisement for six weeks in the Ontario Gazette, and
in such other papers as they deem necessary, sell such
goods by public auction at a time and place to be men-
tioned in such advertisement, and out of the proceeds
thereof pay such tolls and all reasonable charges for
storing, advertising and selling such goods; and the
balance of the proceeds, if any, shall be kept by the com-
pany for a further period ,.of three months, to be paid over
to any person entitled thereto.

(5) In default of such balance being claimed before the
expiration of the period last aforesaid, the same shall be
paid over to the Provincial Treasurer to be applied to the
general purposes of the Province, unless claimed by the
person entitled thereto, within six years of the date of such
payment.

Passenger Fares on Electric Roads.

171. — (1) Notwithstanding anything contained in any
agreement with any municipal or other corporation or per-
son or any provision contained in any special Act to the con-
trary, the fares to be taken by the aompany on a railway
operated by electricity for each passenger shall not ex-
ceed five cents for any distance not exceeding three miles,
and where the distance exceeds three miles then not ex-
ceeding two cents per mile or fraction thereof for the dis-
tance

Limit of
fares on
electric
railways.

1906.

RAILWAYS.

"Chap. 30. 277

tance actually travelled. Children under ten years of age
shall be carried for three miles or less for three cents and
for any additional distance for half fare, but children in
arms shall in all cases be carried free.

(2) Pupils under seventeen years of age actually attend- Pupils' tickets,
ing school shall be entitled to purchase at any office of
the company where tickets are sold on a certificate from
their principal teacher that they are bona fide pupils attend- ^
ing school eight tickets for twenty-five cents, such tick-
ets to be used only between the hours of eight o'clock and
half past nine in the forenoon, and between half-past three
and five o'clock in the afternoon, and then only for the pur-
pose of attending and returning from school, provided that
no such tickets shall entitle any pupil to ride a greater dis-
tance than five miles.

(3) This section shall not be construed to alter or vary men^nof ree"
any agreement by which the company is bound to charge a affected,
lesser rate of fares for passengers than those mentioned in

this section, or to supply a greater number of tickets to
pupils attending school or to pupils of a lesser age or at
different hours or for a greater distance than mentioned in
this section.

(4) This section shall apply to street .railways. ^treetraiiwa^s.

(5) This section shall not applv to a company whose tar- j^cttonnouo
iff for passenger fares is subject to the approval of any coia-panies operat-
missioners in whom are vested any park or lands owned by park" certam
the Crown for the use of the public of the Province of On-
tario.

BOARD AND MEMBERS OF LEGISLATURE TO BE CARRIED FREE.

172. The company shall furnish free transportation upon Members of
any of its trains, for members of the Legislature with their

and^Board

baggage, and also for the members of the Board, and f or [°angp^rftrateion
such officers and staff of the Board as the Board may de-
termine, with their baggage and equipment, and shall also,
when required, haul free of charge any car provided for
the use of the Board.

DISCRIMINATION.

173. — (1) Such tolls may be either for the whole or for any Discrimination
particular portions of the railway ; but all such tolls shall Prohlblted-
always, under substantially similar circumstances and com-
ditions be charged equally to all persons and at the same
rate, whether by weight, mileage or otherwise, in respect
of all traffic of the same description and carried in or upon
a like kind of cars, passing over the same portion of the

line

278 Chap. 30.

RAILWAYS.

6 Edw. VII

line of railway; and no reduction or advance in any such
tolls shall be made, either directly or indirectly, in favour
of or against any particular person or company travelling
upon or using the railway.

proportionate (2> The tolls for larger quantities, greater numbers, or
toiislneertain longer distances may be proportionately less than the
cases. tolls for smaller quantities or numbers, or shorter dis-

tances, if such tolls are, under substantially similar cir-
cumstances charged equally to all persons.

special rates (3) The company may make uniform special rates for
goods.nshable the carriage of fruit, milk and other perishable products
and commodities.

Unjust dis-
crimination
between
localities
prohibited.

Long and
short haul
clause.

Competitive
points.

Pooling
prohibited.

Duty of com-
pany to afford
reasonable
facilities for
receiving,
forwarding,
and delivering
traffic without
partiality and
without
unreasonable
delay.

(4) No toll shall be charged which unjustly discrimin-
ates between different localities. The Board shall not
approve or allow any toll, which for the like description
of goods or for passengers, carried under substantially
similar circumstances and conditions in the same direc-
tion over the same line, is greater for a shorter than for
a longer distance, the shorter being included in the longer
distance, unless the Board is satisfied that owing to com-
petition, it is expedient to allow such toll. The Board
may declare that any places are competitive points within
the meaning of this Act.

(5) No company shall, except in accordance with the
provisions of this Act, directly or indirectly, pool its
freights or tolls with the freights or tolls of any other
railway company or common carrier, nor divide its earn-
ings or any portion thereof with any other railway com-
pany or common carrier, nor enter into any contract, ar-
rangement, agreement, or combination to effect, or which
may effect, any such result, without leave therefor hav-
ing been obtained from the Board.

174. All companies shall, according to their respective
powers, afford to all persons and companies all reason-
able, and proper facilities for the receiving, forwarding
and delivering of traffic upon and from their several
railways, for the interchange of traffic between their
respective railways, and for the return of rolling stock;
and no company shall make or give any undue or un-
reasonable preference or advantage to, or in favour
of, any particular person, or company or any parti-
cular description of traffic, in any respect whatsoever,
nor shall any company by any unreasonable delay or
otherwise howsoever, make any difference in treatment in
the receiving, loading, forwarding, unloading, or delivery
of the goods of a similar character in favour of or against
any particular person, or company, nor subject any par-
ticular person, or company, or any particular descrip-
tion

1906.

HAIL WAYS.

Chap. 30.

279

tion of traffic, to any undue, or unreasonable, prejudice
or disadvantage, in any respect whatsoever; nor shall any
company so distribute or allot its freight cars as to dis-
criminate unjustly against any locality or industry, or Undue
against any traffic which may originate on its railway Vantage .°r
destined to a point on another railway in Ontario with
which it connects; and every company which has or works
a railway forming part of a continuous line of railway
with, or which intersects, any other railway, or which
has any terminus, station or wharf near to any terminus,
station or wharf of any other railway, shall afford all due
and reasonable facilities for delivering to such other rail-
way, or for receiving from and forwarding by its railway rr"d^ice or
all the traffic arriving by such other railway without any disadvantage,
unreasonable delay, and without any such preference or
advantage, or prejudice or disadvantage, as aforesaid, and
so that no obstruction is offered to the public desirous of
using such railways as a continuous line of communica-
tion, and so that all reasonable accommodation, by means
of the railways of the several companies, is, at all times,
afforded to the public in that behalf ; and any agree-
ment made between any two or more companies contrary Agreements in
to this section shall be unlawful and null and void. violation void.

175. The Board may determine, as questions of fact, g°^redr°0f
whether or not traffic is or has been carried under sub- determine
stantially similar circumstances and conditions, and substantially
whether there has, in any case, been unjust discrimin- ^{"nces undue1'
ation, or undue or unreasonable preference or advantage, preferences,
or prejudice, or disadvantage, within the meaning of this
Act, or whether in any case the company has, or has not,
complied with the provisions of this and the last preced-
ing section; and may by regulation declare what shall
constitute substantially similar circumstances and con-
ditions, or unjust or unreasonable preferences, advan-
tages, prejudices, or disadvantages within the meaning of
this Act, or what shall constitute compliance or non-com-
pliance with the provisions of this and the last preceding
section.

176. — (1) Whenever it is shown that any company charges Burden of

— >f respe
unjust
rimir
tion, etc.

one person, company, or class of persons, or the persons ing^njust60*"
in any district, lower tolls for the same or similar goods, dls
or lower tolls for the same or similar services, than they
charge to other persons, companies, or class of persons, or
to the persons in another district, or makes any difference
in treatment in respect of such companies or persons, the
burden of proving that such lower toll, or difference in
treatment, does not amount to an undue preference or an
unjust discrimination shall lie on the company.

(2) In deciding whether a lower toll, or difference in may contfder
treatment, does or does not amount to any undue prefer- j1"-\fstte""sining
ence or an unjust discrimination, the Board may consider crimination,

whether

280 Chap. 30.

RAILWAYS.

6 Emv. VII

whether such lower toll, or difference in treatment, is
necessary for the purpose of securing, in the interest of
the public, the traffic in respect of which it is made, and
whether such object cannot be attained without unduly
reducing the higher tolls.

oftoii'for ment (3) In any case in which the toll charged by the company
carriage by for carriage, partly by rail and partly by water, is expres-
watera sed in a single sum, the Board, for the purpose of deter-

mining whether a toll charged is discriminatory or con-
trary in any way to the provisions of this Act, may require
the company to declare forthwith to the Board, or may de-
termine what portion of such single sum is charged in
respect of the carriage by rail.

Equal facilities 177. Every company which grants any facilities for the

to be granted • j? i i_ ±

to express carriage of goods by express to any express company or
companies. person, shall grant equal facilities, on equal terms and

conditions, to any other express company which demands

the same.

Reduced rates 178. Nothing in this Act shall be construed to prevent the
charitable °pur- carriage, storage or handling of traffic free or at reduced
poses. rates for the Dominon, or any provincial or municipal gov-

ernment, or for charitable purposes, or to or from fairs and
expositions for exhibition thereat, or the carriage, free or at
reduced rates, of destitute or homeless persons, transported
by charitable societies, and the necessary agencies employed
in such transportation, nor to prevent the issuance of mile-
age, excursion or commutation passenger tickets, or the
carriage at reduced rates, of immigrants or settlers, and
their goods and effects, or any member of any organized
association of commercial travellers with his baggage, nor
to prevent railways from giving free carriage or reduced
rates to their own officers and employees, or their families,
or for their goods and effects, or 'to members of the press,
or to such other persons as the Board may approve or per-
mit, nor to prevent the principal officers of any railway, or
any railway or transportation company, from exchanging
passes or free tickets with other railways, or railway or
transportation companies, for their officers and employees
Proviso. and their families, or their goods and effects; provided that
the carriage of traffic by the company under this section
may, in any particular case or by general regulation, be
extended, restricted, limited or qualified by The Board.

APPOINTMENT OF RAILWAY CONSTABLES.

constables 179. — (1) The Justices of the Peace for any county as-
Jfohited toPact sembled at any General Sessions of the Peace on the appli-
on the^ineof cation of the board of directors of the company whose rail-
any rai ^ part thereof passes within the local jurisdiction
of such Justices of the Peace, or on the application of any

clerk

1906.

RAILAVAYS.

Chap. 30. 281

clerk or agent of the company thereto authorized by such
board, may, in their discretion appoint any persons recom-
mended to them for that purpose by such board of directors,
clerk or agent, to act as constables on and along such rail-
way; and every person so appointed shall take an oath or
make a solemn declaration in the form or to the effect fol-
lowing, that is to say :

"I, A. B., having been appointed a Constable to act upon and
"along (here name the Railway), under the provisions of The On-
"tario Railway Act, 1906, do swear that I will well and truly
"serve our Sovereign Lord the King, in the said office of Constable,
"without favour or affection, malice or ill-will, and that I will, to
"the best of my power, cause the peace to be kept, and prevent all
"offences against the peace, and that while I continue to hold the
"said office, I will, to the best of my skill and knowledge, discharge
"the duties thereof faithfully, according to law: So help me God."

(2) Such oath or declaration shall be administered by any f^nfstered!'6
one such Justice or by the Clerk of the Peace for such

county.

(3) Such appointment shall be made in writing signed f0p^°!JJt™rei^t
by the Clerk of the Peace and the fact that the person »ng-
appointed thereby has taken such oath or declaration shall

be endorsed thereon by the person administering such oath
or declaration.

180. Every constable so appointed, and having taken such Powers of
oath or made such declaration as aforesaid, shall have full stable^ wid to
power to act as a constable for the preservation of the peace toey^haii"llties
and for the security of persons and property against felonies extend.

and other unlawful acts on such railway* and on any of the
works belonging thereto, and on and about any trains,
roads, wharves, quays, landing-places, warehouses, lands
and premises belonging to the company, whether the same
be in the county, city, district or other local jurisdiction
within which he was appointed, or in any other place
through which such railway passes, or in which the same
terminates, or through or to which any railway passes which
is worked or leased by such railway company, and in all
places not more than one quarter of a mile distant from the
railway ; and shall have all the powers, protections and pri-
vileges for the apprehending of offenders, as well by night
as by day and for doing all things for the prevention, dis-
covery and prosecution of felonies and other offences, and
for keeping the peace, possessed by any constable duly ap-
pointed.

181. It shall be lawful for any such constable to take Duties of such
such persons as may be punishable by summary conviction constables
for any offence against the provisions of this Act, or of any

of the Acts or by-laws affecting any such railway, before
any Justice or Justices appointed for any county, city,

district

282

Chap. 30.

RAILWAYS.

6 Edw. VII

district or other local jurisdiction within which such rail-
way passes; and every such Justice shall have authority to
deal with all such cases, as though the offence had been
committed and the person taken within the limits of his
own local jurisdiction.

182. The Judge of the County Court of the County in
which the constable resides, may dismiss any such con-
stable, and the board of directors of the company or any
manager or superintendent thereof may dismiss any such
constable who may be acting on the railway; and upon such
dismissal, all powers, protection and privileges belonging
to any such person, by reason of such appointment, shall
wholly cease; and no person so dismissed shall be again
appointed or act as a constable for such railway without the
consent of the authority by which he was dismissed.

183. The company shall cause to be recorded in the office
of the clerk of the peace, for every county where-
in such railway passes the name and designation of
every constable so appointed at its instance, the
date of his appointment, and the authority making it,
with such appointment or a certified copy thereof, and also
the fact of every dismissal of any such constable, the date
thereof, and the authority making the same, within one
week after the date of such appointment or dismissal, as
the case may be; and such clerk of the peace shall keep a
record of all such facts in a book which shall be open to
public inspection, and shall be entitled to a fee of fifty
cents for each entry of appointment or dismissal, and twen-
ty-five cents for each search or inspection, including the
taking of extracts. Such record shall, in all courts, be
prima facie evidence of the due appointment of such con-
stable and of his jurisdiction to act as such, without further
proof than the mere production of such record.

184. Every such constable who is guilty of any neglect or
breach of duty in his office of constable, shall be liable, on
summary conviction thereof, within any county, city or
district wherein such railway passes, to a penalty not
exceeding eighty dollars, or to imprisonment, with or with-
out hard labour, for a term not exceeding two months. Such
penalty may be deducted from any salary due to such offen-
der, if such constable is in receipt of a salary from the com-
'pany.

PASSENGER CONDUCTORS TO HAVE THE POWER AND AUTHORITY

OF CONSTABLES.

haveUoweSrs°of — ^ conductor of every train carrying passen-

<>onstabies. sjers within this Province and the conductor of the car or
cars of every railway carrying passengers within this Pro-
vince, is hereby invested with all the powers of a constable,

while

Dismissal of
any such con-
stable.

Record of
appointment
of constables.

And of
dismissals.

Neglect of
duty by
constable.

Penalty.

1906.

RAILWAYS.

Chap. 30. 283

while on duty on his train or on said car and cars, and said
conductor may wear a badge or other distinguishing mark
of a special constable.

(2) When a passenger is guilty of disorderly conduct, or Removal of

ini 7 * i i passenger

uses any blasphemous or obscene language, or plays any guilty of

game of cards or chance for money or any other thing of miSLOnduct-

value, upon any passenger train or upon the car or cars of

any railway carrying passengers within this Province, the

conductor of such train or car or cars of such railway may ^

stop his train or said car or cars at the place where

such offence is committed or at the next stopping place of

such train or of such car or cars and eject such passenger

from the train or from said car or cars, using only such

force as may be necessary to accomplish such removal ; and

the conductor may command the assistance of the employees

of the company, and of the passengers on such train or on

such car or cars to assist in such removal; but before doing

so he shall render to such passenger such proportion of the

fare he has paid as the distance he then is from the place

to which he has paid fare bears to the whole distance for

which his fare is paid.

186. When a passenger is guilty of any offence upon a conductor

passenger train or upon the car or cars of any railway jiawnger f
carrying passengers within this Province, the conductor of offences-
such train or of such car or cars may arrest him and take
him before any Justice having cognizance of such offence
in any county or district in this Province in which such
train or car or cars runs, and lay an information before
such Justice, charging him with such offence; but in no
case shall the liability of the company for damages caused
by the conduct of its conductor be affected by the provi-
sions of this and the next preceding section.

187. The company shall cause a notice to be placed in all ^fthority of
passenger cars stating that the conductors have the author- conductor,
ity and powers of constables.

188. A conductor exercising the powers of a constable ^°/deu'^" of
under this Act shall be entitled to the protection accorded as con-
by law to constables engaged in the performance of their ' '
duties as such.

STREET RAILWAYS AND RAILWAYS OPERATING ALONG HIGH-
WAYS.

General Provisions.

189. Unless otherwise provided, sections 190 to 221 inclu- Application of
sive, shall apply only to street railways and companies in- street railways
corporated for the purpose of constructing, maintaining and raiiwayson
operating street railways as defined in the interpretation highways,
clauses of this Act, and to other railways incorporated for

the purpose of operating partially or wholly along high-
ways by electricity.

190

for

•_>S4

Chap. 30.

RAILWAYS.

6 Edw. VII

Powers of
Company.

Freight traffic

190. Every such company shall, subject to any pro-
visions contained in the special Act or in any agreement
made between the company and a municipality, have
authority to construct, maintain, complete, and operate
and from time to time to remove and change as required,
a double or single track railway, with the necessary
switches, side tracks and turn-outs, for the passage of
cars, carriages and other vehicles adapted to the same,
upon and along such of the highways in any municipality
to which the Special Act extends, as the council of the
municipality may by by-law authorize, and over and upon
lands purchased or leased by the company for that pur-
pose, and to take, transport and carry passengers upon
the same, by the force or power of electricity, and to con-
struct and maintain all necessary works, buildings,
appliances and conveniences connected therewith.

191. The company may take, transport and convey goods
upon its railway, but no freight or express cars shall be
carried along any highway in any city, town or vil-
lage over the railway unless and until the size and num-
ber of the cars and motors to be used therewith, and the
hours of running the same, have been approved by the
Board, nor shall any freight service be operated nor any
class of freight carried on any such highway until author-
ized by, or except as directed by the Board.

Agreements 192. Subject to the provisions of section 217 of this Act,

between muni- , j .-.^ •■• » . .

cipaiity and the company and the council of any municipality m
con^tmcytion'° which a railway or part of a railway is laid may, amongst
ltcfet repairs' other things, enter into any agreements they think advis-
able, relating to the construction of the railway ; the time
within which the railway shall be commenced, the man-
ner of proceeding therewith, and the time of its comple-
tion; the paving, macadamizing, repairing, grading, and
cleaning of the streets upon which the railway is laid ; the
construction, opening and repairing of drains and sewers;
the laying, repairing or taking up of gas and water pipes
in the streets ; the location of the railway, and the particu-
lar streets along which the same may be laid; the pattern
of rails; the time and speed of running the cars, sleighs
and other conveyances; the fares to be charged within the
maximum hereinbefore mentioned, and the amount of
compensation (if any) to be paid by the company annually
or otherwise.

Sunday Cars.

etceenoTto be's — ^} ^° comPany or municipal corporation operating

operated on a street railway, tramway or electric railway, shall operate
the same or employ any person thereon on the first day of
the week commonly called Sunday, except for the purpose
of keeping the track clear of snow or ice, or for the purpose
of doing other work of necessity.

(2)

Sunday.

1906.

RAILWAYS.

Chap. 30.

285

(2) Notwithstanding anything in this Act or in the spe- Exceptions,
cial Act or in any agreement contained, companies which

have before the first day of April, 1897, regularly run cars
on Sunday may hereafter do so, but the foregoing subsection
shall not confer any rights so to run cars on Sunday not
now possessed by such companies nor shall it affect or apply
to any company which has by its charter or by any special
Act the right or authority to run cars on Sunday nor shall
it affect the right (if any) of the Toronto Railway Company ^
to run cars on Sunday ; nor shall it affect the right of any
railway company to run cars or trains as provided in sub-
section 2 of section 136 of Chapter 209 of the Revised Stat-
utes of Ontario, 1897, which right shall be continued as
though such statute stood unrepealed.

(3) For every train or car run or operated in violation of Penalty,
this section, the company shall forfeit and pay the sum of
|400, to be recovered in any court having jurisdiction in

civil cases, for the amount, by any person suing for the same
under this section and for the purpose thereof. The action
for the recovery of the said sum shall be brought before a
court having jurisdiction as aforesaid in the place from
which such train or car started, or through which it passed
or at which it stopped in the course of such operation.

(4) All moneys recovered under the provisions of this penalties
section shall be appropriated as follows : One moiety thereof

to the plaintiff and the other moiety to the local munici-
pality from which the train or car started ; but if the
train or car is operated by the municipality from within
whose limits the same started, the plaintiff shall receive the
whole amount so recovered.

(5) The conductor or other person in charge (if any train ^conductor
or car run or operated in violation of the provisions of this
section shall be liable for every such offence to a penalty

not exceeding $40 nor less than $1, besides costs, and the
same shall be recoverable on summary conviction.

(6) This section shall apply to all railways operated by jUggSf ;tion of
electricity and street railways whether they are operated on

a highway or on a right of way owned by the company.

194. — (1) The company, when operating any portion 0f Guard wirea'
its line across or along a highway by means of electricity
conveyed by wires above ground, shall cause to be strung
and maintained guard wires, as far as may be reasonably
possible sufficient to prevent telegraph, telephone or other
wires now or hereafter strung across or along the highway
from coming into coutact with or falling upon the said
wires conveying such electricity.

(2) The company, when operating any portion of its line wra°terCpipes
by means of electricity, shall use such means and ap- |*°^£™m itt"
pliances as may, as far as may be reasonably possible, pre- electricity
vent water pipes, gas pipes, cables and other things now
or hereafter placed underground from being damaged m

consequence

286

Chap. 30.

RAILWAYS.

6 Edw. VII

consequence of the escape or discharge of electricity into
the ground. Unless otherwise ordered by the Board, proper
bonding of the rails and connecting the rails so bonded to
the electric power generator or generators with a proper and
efficient system of return wires shall be taken to be a com-
pliance with the conditions of this section.

Powers of (3) The Board shall have power to make such order or

orders as to it may seem proper to compel the proper obser-
vance of this section.

Right of 195. Any person suffering damage by reason of the non-

compliance by the company with the provisions of the
preceding section shall have a right of action against the
company therefor.

Forfeiture for Non-user.

Forfeiture by 196. — (1) In case the company at any time ceases to regu-
larly use the whole or any part of its railway for a period
of eighteen months, it shall, upon its being so ordered by
the Board, forfeit the right to use the railway or the part
unused, as the case may be, together with the rails, poles
and wires thereof, and the company shall, in addition,
indemnify the municipality in respect of all costs incurred
in taking up the rails and putting the highways in proper
repair.

Lien of (2) The municipality shall have a lien upon the rails,

municipality. p0jeS) wrreS; rolling stock, and other property of the com-
pany until the expense of taking up the rails and putting
the highways in proper repair is paid.

Additional Powers of Electric and Street Railways.

Powers as to 197. Railway companies operating by electricity and
an^usfTof" street railway companies shall also have power :

electricity.

(1) To construct, maintain and operate works for the pro-
duction of electricity for the motive power of the said
railways, and for the lighting and heating the rolling
stock and other property of the company.

(2) To acquire by lease or purchase and to hold, utilize
and develop water powers and the necessary land there-

compranyPOWer with, and to construct the necessary plant for the pur-
pose of generating electricity for lighting, heating and
power in operating the said railway.

(3) To enter into any agreement with any person or com-
pany for supplying steam or other power for the production
of electricity for the purposes of the railway or with any
electric light or electric railway company, or any company
organized for the purpose of suppling or furnishing electric

power

Purchase of
water powers
and stock in

Arrangements
for supply of
power.

1906.

RAILWAYS.

Chap. 30. 287

power, for the purchase, leasing or hiring of power to run
their electric motors, carriages or cars, or for lighting or
heating the same, or for any other purpose for which it
may be required by the company to construct, carry on or
operate the railway.

(4) To purchase, lease or acquire by voluntary donation Power to ^
and to hold for any estate in the same and to sell, lease, fo^parksfetc.
alienate or mortgage any lands or premises intended and ^
necessary or suitable for park or pleasure grounds and to
improve and lay out such lands as parks or places of public

resort and to make and enter into any agreement or ar-
rangements with the municipal corporations of the muni-
cipalities wherein the same are situate or any of them,
in respect thereto, subject, however, to the power of the
municipality to pass by-laws to regulate the use of such
public parks and pleasure grounds; but none of the pro-
visions of this clause shall be in force or have effect unless
and until the municipal council or councils of the muni-
cipality or municipalities wherein the lands proposed to
be acquired by the company are situate has or have by
by-law declared its or their assent to the company's ac-
quiring lands under and for the purpose mentioned in this
clause. No such park or pleasure grounds shall be used
for games, pic-nics, concerts, excursions or other public Proviso,
entertainments on Sunday.

(5) To purchase the right to convey electricity required ^htsf'o/con-
for the working of the railway and lighting or heating elec"
the same over, through or under lands other than

the lands of the railway by the special Act authorized to
be built, and with the consent of the councils of the mun-
icipalities affected, to purchase the right to lay conduits
under, or erect poles and wires on or over such lands as may
be determined by the company, and along and upon any
of the public highways, or across any of the waters in this
Province by the erection of the necessary fixtures, in-
cluding posts, piers or abutments for sustaining the cords
or wires of such lines, or the conduits for such electricity,
upon and subject to such agreement in respect thereof as
shall first be made between the company and any private
owners of the lands affected, and between the company and
any municipality in which such works or any part thereof
or of the railway may be situate, and under and subject
to any by-law or by-laws of the council of such municipal-
ity passed in pursuance thereof, provided such works are
not so constructed as to incommode the public use of such
roads or highways, or as to be a nuisance thereto, or to
impede the free access to any house or other building
erected in the vicinity of the same or to endanger or in-
juriously affect the same or injuriously to interrupt the
navigation of such waters. The rights conferred upon the
company shall not be exercised within the limits of any

Park

288 Chap. 30

RAILWAYS.

6 Edw. VII

Park vested in the Crown for the use of the public of the
Province of Ontario or any land vested in any commis-
sioners for any such park without the consent of the com-
missioners and the approval of the Lieutenant-Governor
in Council.

?a0iCyon0nof (6) Subject to the provisions of sections 202 to 208,
highways. inclusive, and of section 218 of this Act, no rail-
way or street railway shall be constructed or oper-
ated along any street, highway or public place of
any municipality until first authorized by an agree-
ment in respect thereto made between the company
and such municipality and under and subject to the
terms of such agreement and of section 217 of this Act and
of any by-law or by-laws of the council of said municipal-
ity to be passed in pursuance thereof; and in all such
cases any and every work, matter or thing in connection
with the motive power, and the application and using
thereof in so constructing, operating and working such
railway, or the cars, carriages, engines, motors or machines
thereof shall be so constructed, erected, laid down and
arranged as to impede or incommode the public use of such
street, highway or public place as little as possible, and
so as not to be a nuisance thereto, nor to interfere with
the free access to any house or other building erected in
the vicinity of the same, and the electric and other ap-
pliances shall be of such an improved manufacture and so
placed as to avoid so far as possible any danger to build-
ings or other property.

givenebefore 198. — (1) No municipal council, notwithstanding anything
passing by-law contained in this or any other Act to the contrary, shall

authorizing , , , . .•> . . ., J

construction pass a by-law authorizing any electric railway company
on highways. Qr s^ree^ railway company to lay out or construct its rail-
way along any public highway, until written or
printed notices of the intended by-law, specifying the route
to be taken by the railway, shall have been previously
posted up for one month in six of the most public places in
the municipality, and published weekly for at least four
successive weeks in some newspaper published in the muni-
cipality, or, if there be no such newspaper, in a news-
paper published in a neighboring municipality, or, if there
be no such newspaper, then in a newspaper published in
the county town.

heard'by t0 be ^) ^ne council shall hear in person or by counsel any
council. one whose property may be prejudicially affected by such
proposed railway who desires to be heard.

Board to°quash (3) If after hearing such objections as may be made, the
or amend. council shall pass a by-law authorizing the construction of a
railway or street railway on, upon or along any highway,
any fifteen freeholders in the municipality may peti-
tion the Board to amend or quash such by-law, and upon

such

1906.

RAILWAYS.

Chap. 30. 289

such petition after hearing all parties interested the Board
shall have power to amend such by-law in such manner as
to the Board may seem proper^ or to quash the same.

(4) The costs of such proceeding shall be in the discretion Costs-
of the Board and inay be fixed by the Board or taxed by one

of the taxing officers of the Supreme Court of Judicature.

■ i in i • • i ■ i Section not to

(5) lhis section shall not apply to extensions withm the apply to certain
limits of a city or town of a street railway already con_ exteus ob-
structed. .

199. The company may, at any point or points where its deviate1.0
railway may run along the highway, deviate from such
highway to a right of way owned by the company provided

that no obstruction of such highway shall be made by such
deviation; but if the rails on such deviation do not rise
above or sink below the surface of the road more than one
inch they shall not be deemed an obstruction ; provided Proviso,
that the right by this section conferred shall not be exer-
cised by the company without the consent of the Board ; and
the Board may, upon such terms as seem just, on applica-
tion of the company, order that the said company may make
such deviation.

200. Notwithstanding anything contained in this Act, Limitation of

, _ . . . t it transmission of

or m any statute of the Province, no municipality shall electrical
have the power to grant to any railway or street railway energy'
any exclusive rights, privileges, or franchise, as to the
transmission of electrical energy for power, light and heat
over or across any public highway or street in the said
municipality.

Expropriation by Street Railivay Companies.

201. — (1) In case the council of a municipality, by re- Expropriation
solution, declares that the council is of opinion that a com- and to what
pany incorporated with power to construct a street railway fowed* "

in the municipality should have powers of expropriation
for the purposes of building a part of its railway between
two or more points, set forth in the resolution, and situated
within the municipality, the company, upon registering
the resolution in the proper registry office, shall, in respect
of lands lying between the points named, possess the powers
conferred upon railway companies under the sections of
this Act relating to the taking of lands without the consent
of the owner.

(2) Such powers shall be exercised within two years from
the passing of the resolution, and not afterwards, and the
lands to be taken hereunder shall not exceed one chain in
width.

(3) The provisions of this section shall not apply to the
tract of country extending three miles above and three
miles below the Falls of Niagara, and for a width inland
of one mile from the River Niagara.

19s 202

290 Chap. 30.

RAILWAYS.

6 Edw. VII

• Duration of Street Railway Franchises.

Time for 202. — (1) No municipal council shall grant to a street

paiity may"01' railway company any privilege under this Act for a longer
feges* privi" period than twenty-five years, but at the expiration of
twenty-five years from the time of passing the first by-law
which is acted upon, conferring the right of laying rails
upon any highway, or at such other earlier date as may be
fixed by agreement, the municipal corporation may, after
giving to the company one year's notice prior to the expir-
ation of the period limited, assume the ownership of the
street railway, and all real and personal property in connec-
tion with the working thereof, on payment of the actual
value thereof, to be determined by the Board. In ascertain-
ing the actual value of such street railway and real and per-
sonal property, the franchise or control of tracks upon the
highways shall not be estimated as of any value whatever.

Municipality (2) In case the corporation fails to exercise the right of
Scyownership. assuming the ownership of the street railway, at the expira-
tion of the said period, the corporation may exercise such
right at the expiration of any fifth year thereafter, upon giv-
ing one year's notice to the company, and the privileges
of the company shall continue until the ownership is as-
sumed by the municipal council.

Mode in winch 203. If a street railway is situated in two or more niuni-
chaUtobe'ex-cipalities, the city .or town municipality shall have the
twelnddifflrtnt ri£ht to exercise the power of purchase herein conferred,
interested"168 un*ess tne municipal councils agree otherwise between
themselves; and the corporation purchasing shall there-
after possess all the powers and authority and be subject
to all the conditions and restrictions theretofore enjoyed
and suffered by the company, and shall, as to other muni-
cipalities into which the railway runs, be subject to the
like liabilities; and shall be subject to all orders and direc-
tions of the Board in the same manner and to the same
extent as a company operating a street railway.

204.— (1) The council of a municipality into which a
withtermsas street railway runs may at any time after the right of

certain cases,

assuming the ownership of the street railway accrues to such

Sb?t»tqiSiirfa,,inunicipality' or to knJ oiheT municipality, require that
the terms upon which the street railway shall be operated
in such municipality be determined, and the terms, unless
the parties in the meantime agree, shall be determined by
the Board, and such arrangement shall remain in force
for ten years.

Re-adjustment (2) At the end of that period either party may require
of terms. ^hat ^he terms be settled anew in like manner for another
period of ten years; but such settlement or agreement
shall be without prejudice to the right hereinbefore con-
ferred upon a city or town to assume the ownership of the
street railway at the expiration of any fifth year.

19a s. 205

1906.

RAILWAYS .

Ch»p. 30. 291

205. The municipal corporation purchasing may. at any Municipality
time, transfer its rights to its street railway lines or any ,vcaqy™y ral1"
of them, and the whole or any part of the plant of the transfer "same

' J r . r to a company.

railway to any person or company authorized to operate
a street railway; subject to such terms and conditions as
may be agreed upon by such street railway company and
the municipal corporation.

206. A company to which any lines of street railway have Application of
been transferred by a municipal corporation shall, as section"8
respects the provisions of the next preceding section, stand

in the same position as the municipal corporation from
which it received such transfer.

207. Any municipal corporation assuming the ownership Municipality
of a street railway and operating the same shall be deemed railway ito be
to be a street railway company for all the purposes of this panmed com"
Act.

Duration of Privileges to Operate Electric Railways along

Highways.

208. — (1) No municipal council shall grant to any rail- franchise in
way company operating by electricity any privilege to oper- limited to
ate along a highway for a longer period than twenty-five years. ^
years.

(2) At the expiration of the said period of twenty - Powers of
five years the council of any municipality, along the mumupa 1 y-
highways of which such railway or any portion thereof

is operated, may agree to extend such privilege for a fur-
ther term of years not exceeding twenty-five years, upon
such terms and conditions as may be agreed by the muni-
cipality and the company, or with the consent of the Board
such municipality may assume the ownership of that por-
tion of the railway operating along the highways of such
municipality within its limits, upon payment of the actual
value thereof, to be determined by the Board. In deter-
mining such actual value the franchise or control of the
tracks upon such highways shall not be estimated as of any
value whatever.

(3) The ownership of such portion of such railway shall Notice of

,. . r , ', , . . ... : ■ i intention to

not in any case be assumed by such municipality unless take over
notice of the intention of such municipality to assume such rallway-
ownership has been given to the company one year prior
to the expiration of the privilege or franchise, and in no
case shall a municipality assume such ownership without
the written consent of the Board.

(4;

292 Chap. 30. railways. 6 Edw. VII

Application of (4) This section shall only apply to electric railways that
are not street railways.

Fenders, Brakes, etc.

FeiKJers^aiici 209. The company, when operating any portion of its
ances. line by means of electricity along a highway shall from

time to time adopt and use in the front of each motor car
a fender or guard and shall from tin\e to time adopt and
use a brake and such other life saving appliances as shall
be of a design approved from time to time by the Board as
suitable for use by the company, having regard to the effi-
ciency of such fender, guard, brake and other life saving
appliances for life saving purposes, and to the location of
the company's line, and the speed at which the company's
cars may be run.

Fenders, etc..
to be adopted
when ordered.

Proviso.

210. The fender, guard, brake or other life saving
appliance so approved of by the Board shall be adopted and
used upon the cars of the company within the time fixed by
the order approving of the same, or by any order extend-
ing the said time; provided that where the cars of a com-
pany are equipped with fenders of a class so approved by
the Board the company shall not be liable for non-com-
pliance with any by-law or agreement relating to the class
of fenders to be used in any city, or town, or any require-
ment of the engineer or other officer of the municipality
under any such by-law or agreement.

not providing 211. The company shall pay to the corporation of the
fenders, etc. municipality in which such road is operated the sum of
ten dollars for each day in which any motor car is operated
within such municipality without having such a fender,
guard, brake or other life saving appliances thereon, except
in cases of accident or unavoidable necessity; such sum or
sums to be recovered from such company in a civil action.

Srs! brakes, 212 If the Board shall so order the company shall
etc. ' ' allow tests to be made on any of its motors or cars, of any
fender, guard, brake or other life saving appliance that the
Board may consider it advisable to have tested with a view
to ascertaining its efficiency for the purpose for which it
is designed.

Lavatories, etc.

conveniences 213. — (1) All street railway companies shall, within six
way employees. montns aiter heing so ordered by the Board, provide, fur-
nish and thereafter maintain suitable and sanitary urinals
and other conveniences for the use of the employees of the

company

1906.

RAILWAYS .

Chap. 30.

293

company operating its cars. Such urinals and other con-
veniences may be located upon~land owned or provided by
the said company and reasonably accessible to each of the
various lines of railway operated by the said company, and
at such points as the Board may direct, within the limits of
the city or town, and the employees of the said company
shall be allowed reasonable opportunity of access thereto.

(2) The company shall be liable to a penalty of ten dol- Penalty for not
lars per day for each day it shall neglect to provide p ing'
each or any of the said urinals or other conveniences.

(3) The cost of such urinals and conveniences shall be Cost of provid-
borne by the company or by the city or town within the ences°nveni~
limits of which the company's lines are operated, or by

both in such proportions, in case the parties are unable
to agree, as may be determined by the Board.

(4) The Board may, in its discretion, order the city or eity or town
town to provide the site for the company upon such terms niay be ordered
as to cost and otherwise as the Board may determine. to provide site.

(5) When so ordered by the Board, such urinals and con- Board may
veniences shall be open to the public as well as the em- tobe6™*
ployees of the company, and when so open to the public °^"iJothe
the Board may order the cost of the maintenance of the ■.'
same to be borne by the city or town and the company in

such proportions as to it may seem proper.

214. — (1) The Board may order the company to provide sanitary eon-
sanitary conveniences for the use of passengers on all pas- veniences 011
senger cars.

(2) This section shall only apply to electric railways that
are not street railways, and to steam railways.

Unclaimed Property.

215. It shall be the duty of every street railwav com- Disp0Slll of
pany which shall have unclaimed property left in its cars, unclaimed pro-

■ • • p m t ,i j> i perty on street

to ascertain if possible, the owner or owners of such pro- railways,
perty, and to notify such owner or owners of the fact by
mail as soon as possible, after such property comes into
its possession. Every such company which shall have
such property not perishable in its possession for the period
of three months, may sell the same at public auction, after
giving notice to that effect, by one publication, at least
ten days prior to the sale, in a daily newspaper published
in the city or town in which such sale is to take place, of
the time and place at which such sale will be held, and
such sale may be adjourned from time to time until all
the articles offered for sale are sold. All perishable pro-
perty so left, may be sold by any such street railway com-
pany without notice, as soon as it can be, upon the best
terms that can be obtained.

216

294 Chap. 30.

RAILWAYS .

6 Edw. VII

Transfer in Ownership of Highways.

wfth^com-1'1 ^16. In case any railway operated by electricity upon a
panies as to highway or a portion of which is so operated has been
toenSefor ers heretofore, or shall hereafter be, constructed in any muni-
nmnfoipaiity <'ipality under any agreement with the council thereof, or
owning road, with the council having the control of the highway therein,
and the territory, or any part of the territory in which such
railway has been, or shall be constructed, is subsequently to
the making of such agreement, removed from one muni-
cipality to another, or the highway along which such rail-
way has been or shall be constructed, has ceased to be
owned or controlled by one municipalty, or the council
thereof, or by any council having the control of such high-
way, and has become vested in or has been placed under
the control of another municipality or the council thereof,
then so far as such agreement relates to the maintenance
and repair of the track and roadbed of the railway or the
remaining portions of the highway or highways over which
the railway is operated, and to the removal of snow and
ice from the company's track and the disposal of such
snow and ice upon the highway or elsewhere the corpora-
tion of such last mentioned municipality and any officer
or person appointed for such purpose shall be substituted
for and shall have all the rights and may exercise all the
powers and be subject to the same duties as the municipal
corporation party to such agreement and any officer or per-
son named therein and charged with the performance of
any duty in respect to the matters aforesaid thereunder.

AGREEMENTS WITH MUNICIPALITIES FOR OPERATING ALONG

HIGHWAYS.

clauses to be 217. Any agreement made after the passing of this Act
agreements between a municipal corporation and a company under
which agreement the company obtains a right or franchise
to operate along a highway shall (unless such provisions
or any of them are expressly excluded from such agree-
ment), be deemed to contain the clauses set forth in the
following subsections hereof, viz. :

Grade (a) The rails of the company shall conform to the grade

of the street.

■RaiU to be

(6) In all cases where the rails are laid upon the paved
streetWete or travelled portion of the street, or on any part thereof,
the rails shall be laid (as nearly as practicable) flush with
the street, and shall be laid so as to cause the least pos-
sible impediment to the ordinary traffic of the street, and
shall be so kept and maintained by the railway company.

(c)

1906.

RAILWAYS.

Chap. 30.

295

(c) The company so long as it shall continue to use any £g™p*ny(Jt0
of its tracks on the travelled portion of the highway shall i n repair,
keep in repair the whole space used on its track allowances,
crossings, switches and turnouts and eighteen inches of the
highway outside of its tracks.

(d) If the company neglect to keep in repair its track neglecting to
allowances and crossings, switches and turnouts or to have p

the necessary repairs according to the agreement made
thereon, the council of the municipality may give notice
to the company requiring such repairs to be forthwith *"
made, and the certificate of the engineer appointed by the
council for the time being as to the necessity for such re-
pairs shall be binding and conclusive upon the company,
and if after the giving of such notice the company do not
within one week begin, and thereafter, with all reason-
able diligence, carry such work of repairing to comple-
tion, the municipal council shall have the right to cause
such repairs to be made, and the company shall pay to the
treasurer of the municipality the expenditure incurred in
making or completing such repairs.

(e) The payment of such amount shall not relieve the pena]t
company from any penalty provided for the omission to
repair by the agreement between the municipal corpora-
tion and the company.

(/) No car or train of cars shall be operated on the trav- g d
elled portion of any highway at a greater speed than fifteen
miles an hour unless authorized by the Board, and shall
operate at a lesser rate of speed if ordered and directed by
the Board.

(g) At the intersection of the company's railway and Intersecting
cross streets or highways crossing or intersecting the high- roads,
way upon which the railway is operated the company shall
construct and keep in repair crossings of a similar char-
acter to those adopted by the municipality and shall con-
struct underneath its track allowance such culverts and
waterways as are in the opinion of the council of the muni-
cipality or its engineer or other officer appointed for that
purpose necessary for drainage purposes, and shall at the
entrance to private properties abutting upon the com-
pany's railway construct such approaches as may be di-
rected by the council or such officer or by the Board.

(h) When the company's tracks are built over any ex- culverts,
isting culvert the company shall when so directed by the
council or such engineer or other officer or the Board ex-
tend such culvert so that the portion of the highway to be
travelled upon by the public shall have a width of at least
eighteen feet between the company's nearest tracks and the

end of the culvert upon the side of the road opposite to such
track.

(i) The company shall remove the snow from, and with- Snow
in its tracks and switches, but any snow put upon the

graded

296

Chap. 30.

RAILWAYS.

6 Edw. VII

graded part of the road by the company shall be evenly
spread thereon in a manner to be approved by the council
or its engineer or other officer.

JtreetegbyP 0") The municipal council may at any time, after giving
municipality, to the company 20 days' notice of its intention so to do,
take up any part of the highway along which the com-
pany's railway is constructed, for the purpose of altering
the street or road grade, constructing sewers, drains, cul-
verts or side crossings, laying down gas and water pipes
or underground wires, and for all other purposes within
the province and privileges of a municipal corporation,
without being liable for any compensation or damage that
may be occasioned to the working of the railway or the
works connected therewith. When and so often as it may
be necessary for the municipal corporation to open the road
or street for the purpose of repairing such street or road,
sewer, drains, culverts, gas or water pipes, or underground
wires, or for putting in gas, water or other services, a rea-
sonable notice shall be given to the company of the council's
intention so to do, and the work thereon shall not be un-
necessarily delayed but shall be carried on and completed
with all reasonable speed, due regard being had to the
proper and efficient execution thereof.

doifeto's'atis- W work done under the authority of the agreement
municipality's sna^ ^e done in the most substantial manner and accord-
engineer, ing to the best modern practice under the superintendence
and to the satisfaction of the engineer or officer appointed
by the council for such purpose with a right of appeal to
the Board.

Alignment, (I) The alignment of the company's tracks, the location
grades.68 and °f switches and the grades of the roadbed of its railway
shall be prescribed by such engineer or other officer.

pay^ior'engT- (m) The company shall repay to the municipality all
neer- sums paid by it to such officer or engineer for services per-

formed by him in connection with the company's work.

to use trackbhL (n) All persons using the said highway shall be at lib-
aiiowances. eTfy f0 travel upon any portion of the travelled roadway
occupied by the company's railway, and in the same man-
ner as upon other portions of the highway, and vehicles
of every description are to be allowed upon such portions
of the highway, it being provided, however, that the com-
pany's cars shall have the first right of way over the said
railway, and all vehicles or persons travelling on that por-
tion of the highway occupied by the railway shall turn out
to let the trains or cars pass — and any person refusing or
neglecting so to do shall be liable on summary conviction
to a fine of not more than ten dollars and costs.

portion?"**3 The words "travelled portion" where used in this

meaning of. section as applicable to roads, streets or highways shall be

deemed

1906.

RAILWAYS.

Chap. 30.

297

deemed to mean that central portion of roads, streets or
highways between the ditches or drains on either side
thereof and ordinarily used for vehicular traffic.

Radial Lines.

218. — (1) Notwithstanding anything in this Act contained, operating in
the railway shall not be constructed along any highway
within the limits of any city or town except upon and
subject to such terms and conditions as may be
agreed upon between the company and the street railway
or electric railway, if any, already operating in such city
or town and the council of the corporation of such city
or town. Provided always that if there is an existing agree- Proviso,
ment between such city or town and the street railway or
electric railway already operating in such city or town then
the railway shall not be constructed along any such high-
way, except, upon and subject to the terms of such existing
agreement; provided also, that where no provision is con- Provis;i
tained in any agreement between any street railway or
electric railway company and the city or town for the
admission of other electric or street railways, then if the
council of such city or town shall by by-law or reso-
lution request the street railway company or electric
railway company already operating in such city or
town, to allow its tracks or any of the streets to be used
for the entrance of such other railway, or if such street
railway company or electric railway company or such
other railway shall by by-law or resolution request
the city or town to permit the entrance of the
railway into such city or town, the company so operating
in the city shall permit its tracks or any streets to be so
used to some central point in the said city or town, and the
said city or town shall permit such other railway to enter
within the limits of such city or town, upon such terms and
conditions as to compensation, location of central point, and
otherwise as maj be mutually agreed upon between such
other railway, the council and such street railway or elec-
tric railway company, or as shall be settled and deter-
mined by the Board in case the council and the said two
companies are unable to agree upon the same.

(2) The Board shall not (without the consent of the city Grant of

or town) grant to any company desiring to operate within radia^raiiway
any such city or town any right or privilege to so operate beyradstreetl
for a longer period than the unexpired term of the fran- railway com-
ch ise or privilege held or enjoyed by any company which Franchise,
at the date of the application to the Board under this sec-
tion is operating a railway or street railway within the lim-
its of such city or town.

(3) At the expiration of such term a new agreement agreements ■
may be made as to a renewal of the same for a further

period

298 Chap. 30.

RAILWAYS.

6 Edw. VII

period not exceeding twenty-five years, and in the event of
the parties being unable to agree, the Board may in its dis-
cretion order a renewal thereof upon such terms and condi-
tions as shall be determined by the Board.

Rights of muni
cipality as to
taking over
railway not
affected.

(4) This section shall not be construed to confer upon the
Board the power to vary or annul any provision, contained
in the agreement between the parties or in the order of the
Board, allowing the entrance of such other railway, which
grants to the corporation of the city or town interested the
right to take over and assume the ownership of such other
railway within the limits of such city or town on the expir-
ation of any such term.

Application of
street railway
sections to
radial lines.

219. Any railway company operating in cities or towns
shall, in addition to such terms, conditions, regulations and
restrictions as may be contained in any agreement with or
by law of the city or town, be subject as to that portion of
the railway within the limits of such city or town to the
provisions of this Act respecting the construction and opera-
tion of street railways.

Existing agree-
ments.

220. This Act shall not, except where the same is so
expressed, be construed to vary or rescind, or to confer
upon the Board power to vary or rescind any agreement
lawfully entered into between a municipal corporation and
a railway or street railway company, or between two or
more railway or street railway companies prior to the pass-
ing of this Act.

Examination of Motormen.

Examination
of applicants
for position
as motorman.

221. — (1) No applicant for a position as a motorman on
any railway or street railway operated by electricity shall
be appointed to such position until he has been subjected
to a thorough examination by an examiner or examiners
to be approved by the Board as to his habits, physical
ability and intelligence. He shall then be placed on a
car with an instructor, and when the said examiner is
satisfied as to the applicant's capability for the position of
motorman, he shall so certify to the Board, and, if appoint-
ed, the applicant shall, so far as reasonably possible, first
serve on the lines of least travel.

Company to
pay examiner.

Examination
as to eyesight.

(2) The company shall pay for the services of such ex-
aminer.

Examination for Colour Blindness.

222. — (1) No company shall hereafter employ any person
in a position which requires him to distinguish form or
colour signals unless such person, within two years next
preceding his appointment, has been examined for colour
blindness on the distinct colours in actual use as signals on

the

1906.

RAILWAYS.

Chap. 30. 299

the company's line of railway, and also as to his eyesight
generally, by some competent person to be employed for the
purpose by the company and has received a certificate that
he is not disqualified for such position by colour blind-
ness, or otherwise in respect of his eyesight, in the colours
and forms used on such railway or on railways crossing or
connecting with it.

(2) The company shall cause such employees to be re- Re-examin-
examined for colour blindness, and otherwise in respect of\atIon'
their eyesight, at least once in every two years.

(3) Nothing in this section contained shall prevent the Whe.n defect

v/ . ° .... , r , can be rem-

company from continuing m its employment any employee edied by glasses
having defective sight in cases where the same can be fully
remedied by the use of glasses or by other means satisfac-
tory to the person making the examination.

(4) For violation of the provisions of this section the Penalt-V-
company shall for each offence be liable to a penalty of

one hundred dollars.

(5) This section shall apply to street railways. Application to

street railways.

ACTIONS FOR DAMAGES.

223. — (1) All actions or suits for any damages or injury Limitation of
sustained by reason of the construction or operation of damages*
the railway shall be commenced within one year next after

the time when such supposed damage is sustained, or if

there is continuation of damage within one year next after

the doing or committing of such damage ceases, and not Pleadin£s-

afterwards.

(2) Nothing in this section shall apply to any action certain
brought against the company upon any breach of contract, excepted,
express or implied, as to or upon any breach of duty in the
carriage of any traffic nor to any action against the com-
pany for damages under any section of this Act respecting

tolls.

(3) This section shall apply to street railway companies. Application to

street railways.

AGREEMENTS WAIVING RIGHT TO DAMAGES FOR DEFECTIVE
MACHINERY VOID.

224. — (1) No company owning or operating a railway or Contracts waiv-
street railway in whole or in part in this Province shall damages1 to
adopt or promulgate any rule or regulation for the govern- ^gloyees
ment of its servants or employees, or make or enter into

any contract or agreement with any person engaged in or
about to engage in its service, in which such employee
directly or indirectlv, promises or agrees to hold such
company harmless, on account of any injury he may
receive by reason of any accident to, breakage, defect or
insufficiency in the cars, motors, locomotives or machin-
ery or attachments thereto belonging, and any such rule,
regulation, contract or agreement shall be void and of no

effect.

300

Chap. 30.

RAILWAYS .

6 Edw. VII

Person.

effect. And no such company shall demand, accept,
require, or epter into any contract or agreement with any
person about to enter, or in the employ of the company
whereby such person agrees to surrender or waive any
right to damages for personal injury or death against any
such company thereafter arising; and all such contracts
and agreements shall be void.

(2) Every company violating or aiding in the violation
of this section shall for each offence be liable to a penalty
of five hundred dollars to be recovered in any court of com-
petent jurisdiction by any person suing therefor.

toopSte110* (3) No such company shall knowingly or negligently
machinery use or °Perate anv car> motor or locomotive that is defec-
tive, or any car, motor or locomotive upon which the
machinery or attachments thereto belonging are in any
manner defective.

Application to (4) This section shall apply to street railways and street

&tr66t r&ilwfivs. «n •

" railway companies.

WAGES OF LABOURERS.

on'abourerf on 225. In every case in which the Legislature; has granted
fi^fflsub*1"0" °f 01 sna^ grant financial aid by way of subsidy or guaran-
dizedbv tee towards the cost of railway construction, all mechanics,
Legislature. labourers or other persons who perform labour in such
construction shall be paid such wages as are generally
accepted as current for competent workmen in the district
in which the work is being performed ; and if there is no
current rate in such district, then a fair and reasonable
rate ; and in the event of a dispute arising as to what is the
current rate in such district, or a fair and reasonable rate, it
' shall be determined by the Board, whose decision shall be
final.

LIEN FOR WAGES.

Lien for wages. 226. — (1) Every mechanic, labourer or other person who
performs labour for wages upon the construction or main-
tenance of the railway or the works connected therewith,
shall have upon the said railway and other property of the
company a lien for such wages not exceeding the wages for
thirty days, or a balance equal to his wages for thirty days,
and the said lien may be enforced in the manner provided

Rev. stat. for enforcing liens for wages by The Mechanics' and Wagv

c- 153- Earners' Lien Act.

Application to. (2) This section shall apply to street railways.

street railways 'v '

HOURS OF LABOR.

Limit of 227. No company operating a line of railway of twenty

continuous miles in length or over, shall permit or require a conduc-
employment tor, engineer, motorman, fireman, trainman, despatcher or

signal

190G.

KAILWAYS.

Chap. 30.

:}01

signal man who has worked in any capacity for sixteen
consecutive hours, to go again on duty to perform any kind
of work, unless he has had at least six hours' rest.

RETURNS.

228.- — (1) Every company shall annually prepare in ac-j^nu^re-
cordance with forms which shall from time to time be prepared,
provided and supplied to the companies by the Board, .
returns of its capital, traffic and working expenses, and
of all information required, as indicated in such forms to
be filed with the Board; and such returns shall be dated
and signed by, and attested upon the oath of the secretary,
of the company, and of the president, or in his absence, of
the vice-president or manager of the company.

(2) Such returns shall be made for the period included tobe^noui^ed
from the date to which the then last yearly returns made

by the company extended, or from the commencement of
the operation of the railway, if no such returns have been
previously made, and, in either case, down to the last day
of December in the preceding year.

(3) Such returns, dated, signed and attested in manner Date ofretlirns
aforesaid shall be forwarded by such company to the Board

within three months after the thirty-first day of December
in each year.

(4) The company shall also, in addition to the inform- S^^en
ation required to be furnished to the Board, as indicated in required,
subsection 1 hereof furnish such other information and
returns as are, from time to time, required by the Board

or as shall hereafter be ordered by the Legislature.

(5) The Board shall transmit the returns so made to^^°se^e
the Lieutenant-Governor in Council who shall lay the Legislative
same before the Legislature, within twenty-one days from

the commencement of each session thereof.

229. The company shall, within ten days after the first SdmtetoS
days of January and July, in each and every year, make mt^semi-
to the Board, under the oath of the president, secretary or
superintendent of the company, a true and particular re-
turn of all accidents and casualties (whether to persons or
property) which have occurred on the railway of the com-
pany during the half year next preceding each of the said
periods respectively, setting forth —

1. The causes and nature of such accidents and cas-
ualties ;

2. The points at which they occurred, and whethpr by
night or by day;

302

Chap. 30.

RAILWAYS.

6 Edw. VII

3. The full extent thereof, and all particulars of the
same; and shall also at the same time return a true copy
of the existing by-laws of the company, and of their rules
and regulations for the management of the company and
of the railway.

fppSmedby 230. The Board may order and direct, from time to
thecommis- time, the form in which such returns shall be made.

sinner.

Such returns
to be privileg-
ed communi-
cations.

231. All such returns relating to accidents made in
pursuance of the provisions of this Act shall be privileged
communications, and shall not be evidence in any court
whatsoever except to enforce the penalties for failure or
neglect to furnish such returns as required by this Act.

Returns to
Board, of
assets and
liabilities.

Of stock
issued and
outstanding.

Of earnings
and expendi-
ture.

Of bonuses.

Of bonds.

Of secured
liabilities.

Of cost of
property .

Of cost of
acquirements,

Of leases and
contracts.

Generally.

232. The Board may, from time to time, by notice
served upon the company, or any officer, servant or agent
of the company, require it, or such officer, servant or agent
to furnish the Board, at or within any time stated in such
notice, a written statement or statements showing in so
far, and with such detail and particulars, as the Board re-
quires, the assets and liabilities of the company — the
amount of its stock issued and outstanding — the date at
which any such stock was so issued — the amount, and nature
of the consideration received by the company for such issue,
and, in case the whole of such consideration was not paid
to the company in cash, the nature of the service rendered
to or property received by the company for which any stock
was issued — the gross earnings or receipts or expenditure
by the company during any periods specified by the Board,
and the purposes for which such expenditure was made —
the amount and nature of any bonus, gift, or subsidy, re-
ceived by the company from any source whatsoever, and
the source from which and the time when, and the circum-
stances under which, the same was so received or given —
the bonds issued at any time by the company, and what
portion of the same are outstanding and what portion, if
any, have been redeemed, — the amount and nature of the
consideration received by the company for the issue of
such bonds — the character and extent of any liabilities
outstanding, chargeable upon the property or undertak-
ing of the company, or any part thereof, and the consid-
eration received by the company for any such liabilities,
and the circumstances under which the same were created
— the cost of construction of the company's railway or of
any part thereof, — the amount and nature of the consid-
eration paid or given by the company for any property
acquired by it, — the particulars of any lease, contract or
arrangement entered into between the company and any
other company or person, — and generally, the extent,

nature^

1906.

RAILWAYS.

Chap. 30.

303

nature, value and particulars of the property, earnings,
and business of the company.

233. The: Board may summon, require the attendance of , Powers of
and examine under oath, any officer, servant or agent of respecting
the company, or any other person, as to any matters in- returns-
eluded in such return, or which were required by the notice
aforesaid to be returned to the Board, and as to any matter

or thing which, in the opinion of the Board, is relevant to x
such return, or to any inquiry which the Board deems it 0r inquiries
expedient to make in connection with any of the matterss™*Pecti"K
in the last preceding section mentioned, and for such pur-
poses may require the production to the Board of any books production
or documents in control of the company, or of such officer, documents,
servant, agent or person.

234. If any company or officer, servant, or agent thereof Refusal to
wilfully or negligently refuses to make the returns required ma e returns'
by this Act or by the Board under the authority thereof

when, and as thereunto required by the Board, or fails to
make any such return to the utmost of its, or his know-
ledge or means of knowledge, the company, and every Penalties,
such officer, servant or agent, so in default, shall severally
be liable to a penalty not exceeding twenty dollars.

235. If the company, or any officer, servant, or agent Making false
thereof, wilfully or negligently makes any false return, Board.8 10
or any false statement in any such return, the company,

and any such officer, servant or agent, shall be severally
liable to a penalty not exceeding five hundred dollars, and
such officer, servant or agent shall also on summary convic-
tion, be liable to imprisonment for any period not exceed-
ing six months in the common jail of the county where
such conviction is had.

236. The sections relating to "Returns," being sections Application of
228 to 235, inclusive, of this Act, shall apply to street rail_ sections 228-235
way companies.

INVESTIGATION OF ACCIDENTS.

237. — (1) Every company shall, as soon as possible, andNoticeof
immediately after the head officers of the company have accldent-
received information of the occurrence upon the railway
belonging to such company of any accident, give notice
thereof, with full particulars, to the Board; and every
company which wilfully and negligently omits to give such
notice shall forfeit to His Majesty the sum of two hundred S&f1
dollars for every day during which the omission to give

the same continues.

(2)

304 Chap. 30. railways. 6 Edw. YII

notice°and in ^ Board may by regulation declare the manner and
yestigatjon form in which such information and notice shall be given
into accidents. anci ^e c\ass 0f acei(ients to which the next preceding sub-
section shall apply, and may declare any such information
so given to be privileged, and the Board may inquire into
all matters and things which it deems likely to cause or pre-
vent accidents, and the causes of, and the circumstances
connected with, any accident, or casualty to life or property
occurring on any railway, and into all particulars relat-
ing thereto.

Report. (3) The Board may order the company to suspend or dis-

miss any employee of the company whom it may deem to
have been wilfully negligent in respect of any such acci-
dent.

Result of (4) The Board shall include in their annual report to the

repOTtedto136 Lieutenant-Governor in Council, the result of any such
enquiry with such recommendations as to it may seem
proper.

Government.

Application to
street railways.

(5) This section shall apply to street railway companies.

ANIMALS AT LARGE.

Cattle not
allowed at
large near
railway.

238. — (1) No horses, sheep, swine or other cattle shall be
permitted to be at large upon any highway, within half a
mile of the intersection of such highway with any railway
at rail-level, unless such cattle are in charge of some com-
petent person or persons, to prevent their loitering or stop-
ping on such highway at such intersection, or straying
upon the railway.

^pounded cattle found at large contrary to the provisions of

this section may, by any person who finds the same at large
be impounded in the pound nearest to the place where the
same are so found, and the pound-keeper with whom the
same are impounded shall detain the same in the like man-
ner, and subject to like regulations as to the care and dis-
posal thereof, as in the case of cattle impounded for, tres-
pass on private property.

(3) If the cattle of any person, which are at large contrary
to the provisions of this section, are killed or injured by
any train, at such point of intersection, he shall not have
any right of action against any company in respect of the
same being so killed or injured.

Application of (4) This section shall apply only to railways where oper-
section. a ting either by steam or electricity upon a right of way
owned by the company.

OFFENCES

Right of

action

negatived.

1906.

RAILWAYS.

Chap. 30.

305

OFFENCES AND PENALTIES .

239. — (1) No company shall, either directly or indirectly, ft'ockTn "tier
employ any of its funds in the purchase of its own stock orcomPanies-
in the acquisition of any shares, bonds or other securities

issued by any other railway company in Canada; but this
shall not affect the powers or rights, if any, which any com-
pany in Ontario now has or possesses by virtue of any spe-
cial Act to acquire, have or hold shares, bonds or other b
securities of any railway company in Canada or the United
States.

(2) Every director of a railway company, who knowingly ^^'fty of
permits the funds of any such company to be applied in vio-
lation of this section, shall incur a penalty of one thousand
dollars for each such violation, which penalty shall be
recoverable on information filed in the name of the Attor-
ney-General of Ontario ; and a moiety thereof shall belong
to His Majesty, and the other moiety thereof shall belong
to the informer, and the acquisition of each share, bond or
other security, or interest, as aforesaid, shall be deemed a
separate violation of the provisions aforesaid.

240. — (1) Every person not connected with the railway, waikingon
or employed by the company, who walks along the track prohibited,
thereof, except where the same is laid across or along a
highway, is liable on summary conviction to a penalty not
exceeding ten dollars.

(2) Every person who wilfully breaks down, injures, Destruction
weakens or destroys any gate, fence, erection, building or bridges?etc.
structure of a company, or removes, obliterates, defaces or
destroys any printed or written notice, direction, order, by- notfce°getc.
law or regulation of a company, or any section of, or ex-
tract from this Act or any other Act of the Legislature,

which a company or any of its officers or agents have
caused to be posted, attached or affixed to or upon any
fence, post, gate, building or erection of the company, or
any car upon any railway, shall be liable on summary con- PenaUy
viction to a -penalty not exceeding fifty dollars, or, in de-
fault of payment, to imprisonment for a term not exceeding
two months.

(3) Every person who enters upon any railway train with auemptin's'to
intent fraudulently to be carried upon the said railway ^"'.eiwhhout
train without paying fare thereon, or who wilfully ob-
structs or impedes any officer or agent of the company in the
execution of his duty upon any train, railway, or upon any obstructing
of the premises of the company, or who wilfully trespasses authorities,
by entering upon any of the stations, cars or buildings of

the company in order to occupy the same for his own pur- Trespassing,
poses, shall be liable to the like penalty or imprisonment,
and shall be liable to be proceeded against and dealt with
20 s. in

306

Chap. 30.

RAILWAYS.

6 Edw. VII

Penalties. in like manner, as mentioned in subsection 2 of this
section in regard to the offences therein mentioned.

Board may
order foot-
bridges
erected at
level
crossings.

Subsequent
use of
highway
crossing.

Penalty for
non-compli-
ance.

241. — (1) If the Board orders any company to erect, at or
near, or in lieli of, any highway crossing at rail level, a
foot bridge, or foot bridges, over its railway, for the pur-
pose of enabling persons, passing on foot along such high-
way, to cross the railway by means of such bridge or
bridges, from and after the completion of such foot bridge
or foot bridges so required to be erected, and while the com-
pany keeps the same in good and sufficient repair, such
crossing shall not be used by foot passengers on the said
highway, except during the time when the same is used
for the passage of carriages, carts, horses or cattle along
the said road.

(2) Every person who offends against the provisions of
this section is liable, on summary conviction to a penalty
not exceeding ten dollars.

Penalty for
erection, etc.,
of structures
in violation
of this Act.

Liability of
company,
directors, etc.
in certain
cases.

Damages.

Penalty.

242. Every company which shall erect, operate or
maintain any bridge, approach, tunnel, viaduct, trestle, or
any building, erection or structure, in violation of this
Act, or of any order or regulation of the Board, shall for
each offence incur a penalty of fifty dollars.

243. The company, or any director or officer thereof, or
any receiver, trustee, lessee, agent, or person, acting for or
employed by the company, doing, causing or permitting to
be done, any matter, act or thing contrary to the provisions
of this or the special Act, or to the orders or directions
of the Board made hereunder, or omitting to do any matter,
act or thing required to be done on the part of any such com-
pany, or person, is liable to any person injured thereby for
the full amount of damages sustained by such act or
omission; and if no other penalty is, in this or the special
Act, provided for any such act or omission, is liable, for
each offence, to a penalty of not less than twenty dollars,
and not more than five thousand dollars, in the discretion
of the court before which the same is recoverable.

torinway1101 ^4- Every person who sells, gives or barters any
employees spirituous or intoxicating liquor to or with any servant or
employee of any company, while actually employed in the
course of his duty on a train or car or while in uniform or
in connection with the operation of a train or car, is liable
on summary conviction to a penalty not exceeding twenty-
five dollars, or to imprisonment with or withoiit hard labour
for a period not exceeding one month, or to both.

Fn™oxi"cated 245. Every person who is intoxicated while he is in charge
while on duty. 0f a locomotive engine, or electric motor, or acting as the
20a s. conductor

1906.

RAILWAYS.

Chap. 30. 307

conductor of a car or train of cars, shall be liable on sum-
mary conviction to a penalty of $200 or imprisonment for
one year or both.

246. Every officer or servant of, and every person em- violation by
ployed by the company, who wilfully or negligently byTa'ws? etc°,f
violates any by-law, rule or regulation of the company orP^^a^™
its directors lawfully made and in force, or any order or 6»
notice of the Board, or of an inspecting engineer, of which

a copy has been delivered to him, or which has been posted
up or open to his inspection in some place where his work
or his duties, or any of them, are to be performed, if such
violation causes injury to any person or to any property,
or exposes any person or any property to the risk of such
injury, or renders such risk greater than it would have been
without such violation, although no actual injury occurs is
liable on summary conviction to a penalty of not less than penalty.
•<i and not more than $50 or to imprisonment with
or without hard labour for not more than three months
or to both.

247. Every person who wilfully or negligently violates violation of
any lawful by-law, rule or regulation of the company is^o"}^610,1
liable, on summary conviction, for each offence, to a pen-Persons-
alty not exceeding the amount therein prescribed, or if

no amount is so prescribed, to a penalty not exceeding

twenty dollars; but no such person shall be convicted of

any offence, unless at the time of the commission thereof a proviso as

printed copy of such by-law, rule or regulation was posted b° D°^inJ[c

in some conspicuous place at or near the station at which

the offender entered the train or in the passenger cars of

the train.

248. Every person who unlawfully and maliciously, Damaging

J J J freight with

intent to steal

(a) bores, pierces, cuts, opens or otherwise injures anycontents-
cask, box or package, which contains wine, spirits or other
liquors, or any case, box, sack, wrapper, package or roll of
goods, in, or about any car, wagon, boat, warehouse, sta-
tion house, wharf, quay or premises of, or which belong to

any company, or —

(b) drinks or wilfully spills or allows to run to waste any Drinking or
such liquors, or any part thereof, — uquo'r!8

is liable, on summary conviction, to a penalty not ex- Penalties,
ceeding twenty dollars over and above the value of the
goods or liquors so taken or destroyed, or to imprisonment,
with or without hard labour, for a term not exceeding one
month, or to both.

(c) Any person who wilfully breaks down, injures, weak- interfering
ens, destroys or interferes with any pole, wire, insulator, wires pow"0
structure or erection for carrying wires of an electric rail_ etc., or notices.

way

3<t8

Chap. 30.

RAILWAYS.

6 Edw. VII

way company, or for the transmission of electric power, or
who shoots at any insulator on any such poles, erections or
structures, with fire-arms of any kind, or -throws stones or
other missiles at, or breaks, or attempts to break the same
in any way, or flings or causes to be placed any wire, rope,
string or stick at, upon or across the said wires, or without
authority climbs any of such poles or structures or erec-
tions used for transmitting electric current, or removes,
obliterates, defaces or destroys any printed or written no-
tice, direction, order, by-law or regulation of the Lieu-
tenant-Governor in Council or of any commission appointed
by him or of a company or of a municipal corporation
or any section or extract from this Act or any other Act of
the Legislature pasted, attached or affixed to or upon any
pole, tower, fence, post, gate, building or erection of the
company, shall be liable on summary conviction to a pen-
alty not exceeding $100 and not less than $ 15, or in default
of payment to imprisonment for a term not exceeding six
months.

Each day's
violation of
this Act, or
order

hereunder,
a distinct
•ffence.

249. When the violation of, or failure to complv with,
any provisions of this Act, or any regulation or order or
direction of the Board, or of any inspecting engineer, is
made an offence subject to penalty, by this Act, or by any
regulation made under this Act, each day's continuance of
such violation, or failure, to comply, shall constitute a new
and distinct offence.

Act or omis-
sion of officer,
etc., deemed
to be act or
•mission of
Company.

Certain penal-
ties may be
imposed cn
summary con-
victions.

Recovery of
penalties.

250. For the purpose of enforcing any penalty under any
of the provisions of this Act, or enforcing any regulation,
order, or direction of the Board, or of any inspecting engin-
eer, made under this Act, the act, omission, or failure of any
officer, agent, or other person acting for, or employed by the
company acting within the scope of his employment shall in
every case be also deemed to be the act, omission or failure
of such company as well as that of the person ; and anything
done or omitted to be done by the company, which, if done
or omitted to be done by any director, or officer thereof, or
any receiver, trustee, lessee, agent, or person acting for or
employed by the company, would constitute an offence
under this Act, shall also be held to be an offence com-
mitted by such company, and upon conviction thereof the
company shall be subject to the like penalties as are pres-
cribed by this Act with reference to such persons.

fo'r'contraven " ^° Pun^s^merL^ f°r a Contravention of this Act or

tionofthis of the special Act, by the company, shall exempt the com-
toCexcmptnot pany from the forfeiture of the privileges or franchise
for?eUl"refrom con^erre(1 on it by the said Acts or by any agreement
made between the company and any municipal corpor-
ation if by the provisions thereof, or by law, the same be
forfeited by such contravention.

252

1906.

RAILWAYS.

Chap. 30.

309

252. Tiie sections of this Act relating to offences and sections 23*2*1
penalties, being- sections 239 to 251 inclusive, shall so f ar s?reetPraflway«.
as applicable apply to street railways and street railway
companies.

RECOVERY AND PAYMENT OF PENALTIES.

253. The company may in all cases under this Act pay The Compaq
the amount of any penalty and costs imposed upon an any amide""
officer, servant, or person in the employ of the company, cages'!0™
and recover the same from the offender or deduct it from

li is salary or pay.

254. All penalties incurred under any of the sections of How penalties
this Act, unless otherwise provided, may be recovered in applied6*1 and
the name of His Majesty, by His Majesty's Attorney Gen-
eral for Ontario, in any court of competent jurisdiction;

and all penalties recovered under this Act shall, unless
otherwise herein expressly provided, be paid to the Treas-
urer of the Province to the credit of "The Consolidated
Revenue Fund."

255. The last preceding two sections shall applv to street Application t*

■ -1 . r street railways.

railway companies.

TRANSMISSION OF POWER ON RIGHT OF WAY.

256. The Board, upon receiving instructions in that crown may
behalf from the Lieutenant-Governor in Council, and the way for the
officers, agents and servants of the Board, may at all poXeTto^^-
times enter upon the right of way of the company and may cipaiities.
dig up the same, erect thereon all necessary poles, or lay

all necessary conduits, and erect, place and put down all
cables, wires and poles for the transmission of electrical
or other power from any point in the Province of On-
tario to the works and plant of any municipal corporation
for the distribution of such power within the limits of the
municipality; provided that the track and traffic, wires
and poles of the company shall not be injured, removed or
otherwise dealt with in the exercise of the powers hereby
conferred except under and subject to any agreement which
may be entered into between the Lieutenant-Governor in
Council and the company.

USE OF RAILWAY BY DOMINION GOVERNMENT.

257. — (1) His Majesty's Mail, His Majesty's Naval Or Provision as t»
Military Forces or Militia, and all artillery, ammunition, His Majesty's
provisions or other stores for their use, and all policemen, mai1, ct<'•
constables and others travelling on His Majesty's service,

shall at all times, when thereunto required by His Ma-
jesty's Postmaster-General, the Commander of the Forces,

310

Chap. 30.

RAILWAYS.

6 Edw. VII

or any person having the superintendence or command of
any Police Force, and with the whole resources of the com-
pany if required, be carried on the railway, on such terms
and conditions, and under such regulations as may be
made by the Governor-General in Council or Lieutenant-
Governor in Council as the case requires.

Government (2) The Governor-General or Lieutenant-Governor as the

to hfLV6 0XClll~

siveuseof case may be, or any person thereunto authorized by them,
telegraph. require the company to place any electric telegraph,

and the apparatus and operators they may have, at the
exclusive use of the Government, receiving thereafter rea-
sonable compensation for such service.

rtrTefrai'iwal-s (3) This section shall apply to street railway companies.

CONVEYANCES OF LAND.

of°iaVndtoCes — (1) Conveyances of land to the company, for the

company. purposes of and powers given by this Act, made in the form
set forth in Schedue "B" to this Act or to the like effect,
shall be sufficient conveyance to such company, its suc-
cessors and assigns of the estate or interest therein men-
tioned, and sufficient bar of dower respectively of all per-
sons executing the same ; and such conveyances shall be
registered in the same manner, and upon such proof of
execution as is required under the registry laws of On-
tario ; and no registrar shall be entitled to demand more
than seventy-five cents for registering the same, including
all entries and certificates thereof, and the certificates in-
dorsed on the duplicates thereof.

strTet raVhvays (2) This section shall apply to street railway companies.

REPEAL OF ACTS.

Repeal of Acts. 259. The following Acts of the Legislative Assembly are
hereby repealed : —

Chapter 207 if the Revised Statutes of Ontario, "The
Railway Act of Ontario" — the whole.

Chapter 208 of the Revised Statutes of Ontario, "The
Street Railway Act" — the whole.

Chapter 209 of the Revised Statutes of Ontario, "The
Electric Railway Act" — the whole.

Chapter 11 of 62 Victoria, 2nd session — section 23.

Chapter 25 of 62 Victoria, 2nd session — the whole.

Chapter 31 of 63 Victoria — the whole.

Chapter 25 of 1 Edward VII.— the whole.

Chapter 26 of 2 Edward VII.— the whole.

Chapter 27 of 2 Edward VII.— the whole.

Chapter 17 of 3 Edward VII.— the whole.

Chapter 10 of 4 Edward VII— section 79.

commence- 260. This Act shall come into force on the first day of

ment of Act. T -mn^

•June, 191)6.

SCHEDULE "A"

190(i.

KAIL WAYS.

Chap. 30.

311

SCHEDULE "A."

(Section H5.)

Chief Engineer's Certificate.

The Railway Company's Office, No.

. A.D. 190 .

Engineer's Department.

Certificates to be attached to cheques drawn on The

Railway Company Municipal Trust Account given
under section 145 of The Ontario Bail way Act, 1906.

1, chief engineer of The

Railway Company do hereby certify that the said
company has fulfilled the terms and conditions necessary to be ful-
filled under the said By-law No. of the of
(or under the agreement dated the day of 19 ,
between the corporation of and the company)
to entitle the said company to receive from the said trust company
the sum of {here set out the terms and conditions,
if any, which have been fulfilled).

SCHEDULE "B."
(Section 258.)

Know all men by these presents that I (or we) (insert the name
or names of the vendor or vendors) in consideration of
dollars paid to me (or us) by The Railway
Company, the receipt whereof is hereby acknowledged, do grant
and convey unto the said company, and I (or we) (insert the name
or names of any other party or parties) in consideration of

dollars paid to me (or us) by the said company, the
receipt whereof is hereby acknowledged, do grant and release all
that certain parcel (or those certain parcels, as the case may be)
of land (describe the land) the same having been selected and laid
out by the said company for the pur poses of its railway, to hold
with the appurtenances unto the said The Railway
Company, their successors and assigns forever (here insert any other
clauses, covenants and conditions required), and I (or we) the wife
(or wives) of the said do hereby bar my (or our) dower

in the said lands.

As witness my (or our) hand and seal (or hands and seals), this
day of one thousand nine

hundred and

Signed, sealed and delivered
in the presence of

[L.S.]

CHAPTER

312

Chap. 31. RAILWAY AND MUNICIPAL BOARD. 6 EDW. VII

CHAPTER 31.

An Act for the appointment of a Railway and
Municipal Board.

Assented to 14th May, 1906.

Short Title, s. 1.
Interpretation, ss. 2, 3.
Application of Act, s. 3.
Constitution, Offices, Sit-
tings, ss. 4-12.
Secretary, s. 13.
Salaries and Staff, ss. 14, 15.
General Jurisdiction and Pow-
ers, ss. 16-25.
May act upon its own initia-
tive, s. 18.
Rules and Regulations, ss. 19-
21.

Notices, how given, s. 23.
Duty of Company on receipt

of order, s. 24.
Sheriffs, etc., to obey orders of

Board, s. 25.
Practice and Procedure, Evi-
dence, ss. 26-42.
Existing orders of Railway

Committee, s. 32.
Powers of Railway Committee

until Board organized, s. 33.
Orders of Board may be made

orders of Court, s. 34.
Terms of Orders, ss. 35-38, 40.
General rules of practice, s. 39.
Judgments of other courts not

to bind Board, s. 41.

Stating case for Court of Ap-
peal, s. 42.
Appeals, s. 43.

Reference of matters to Board

of Government, s. 44.
Costs, s. 45.

Expense of Works ordered by
Board, s. 46.

Proceedings instituted by At-
torney-General, s. 47.

Board may order enquiries, sb.
48, 49.

Witness fees, s. 50.

Additional Powers, ss. 51-54 .
Assessment Appeals, ss. 51, 52.
Municipal matters, ss. 53-57.
Regulating electrical compan-
ies, s. 54.

Enquiries into facts for Gov-
ernment, etc., s. 55.

Annual Report, s. 56.

Labour Disputes, ss. 58, 59.

Fees and Expenses, ss. 60-62.

Enforcement of Agreement bh-
tween companies and munici-
palities, ss. 63, 64.

Pending proceedings, s. 65.

Commencement of Act, s. 66.

HIS' MAJESTY, by and with the advice and consent
of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Short title 1. This Act may be cited as "The Ontario Railway and

Municipal Board Act, 1906."

interpretation 2. The interpretation sections of "The Ontario Railway
Act, 1906," shall apply to this Act.

1906.

RAILWAY AND MUNICIPAL BOARD. Chap. 31

313

3. — (1) All the provisions of this Act relating to rail- To apply to
ways shall apply to all railways, whether operated by street Tiuiw&y
steam, electricity or other motive power, including Street
Railways; and the expression "Railway" shall include
"a Street Railway."

(2) "Public Utility" shall mean and include any water ;" Puttie utii-
works, gas works, electric heat, light and power works t '
and telegraph or telephone lines or any similar workt
supplying the general public with necessaries or conven-
iences.

NAME, CONSTITUTION, DUTIES, ETC.

4:. — (1) From and after the appointment of the Board ^^fu>(
the Railway Committee of the Executive Council of On- abolished,
tario shall be abolished.

(2) The Lieutenant-Governor may from time to time Afpp^^?^*n
appoint a Commission to be called "The Ontario Railway
and Municipal Board."

(3) Such Board shall be composed of three members, one constitution of
of whom shall be the chairman thereof who shall be Board'
appointed chairman by the Lieutenant-Governor in Coun-
cil and shall continue to be chairman so long as he

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Full text of "Statutes of the Province of Ontario 1906"

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